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THE 


EUROPEAN AND NORTH AMERICAN 


RAILWAY COMPANY. 





I 


THE CHARTERED RIGHTS. 


THE European and North American Railway is a corporation 

duly established by the laws of the State of Maine. It is 

authorized by its charter and special enactments * of the legis- 

lature to construct and maintain a line of railway from the city 

of Bangor to the boundary line of Maine, in the direction of 

the city of St. John, in the Province of New Brunswick, with 

the right to connect with a line of railway now being con- 

structed from St. John westward, and to unite with other rail- 

road companies in the State of Maine and the Provinces of 
New Brunswick and Nova Scotia. A connected line of railway, 

then, will be formed between the city of Portland and the city 
of Halifax, N.S. The powers granted by the charter are lib- 
eral, and invest the corporation with all the rights and privi-: 
leges desirable for an enterprise so well adapted to settle the 
vacant lands of the State, and develop their wealth. 


EL 


ORGANIZATION AND THE ADOPTION OF BY-LAWS. 
The company was organized in due form of law, according 


* Vide Appendix A. 


128006 


4 
Se 97 A Fe ae 
| to /the’ charter and ‘the acts * amendatory thereto, as fol- 
lows; £3 1.¥ 
“ Huropean and North American Railway Company. 


** MEETING OF THE STOCKHOLDERS. 


‘¢ In pursuance of notice in the words and figures following, 
VIZ. : — 

“ ¢ Huropean and North American Railway Company. 
““*NOTICE OF ORGANIZATION. 

‘<The undersigned, the three persons first named in the 
first section of an act passed by the legislature of Maine, and 
approved the twentieth day of August, 4.D. 1850, entitled An 
act to incorporate the European and North American Railway 
Company, and being specially authorized therefor in and by 
said act, hereby give public notice, that subscriptions to the 
capital stock of said company having been made to the amount 
of one thousand shares and upwards, in accordance with the 
regulations heretofore by us prescribed, and in compliance 
with the requirements of the act aforesaid, we hereby give 
public notice, that a meeting of the stockholders in said com- 
pany will be held at the office of Poor & Adams, in Portland, on 
Wednesday, the twentieth day of July, a.p. 1853, at three of the 
clock in the afternoon, to adopt by-laws, make choice of direct- 
ors, and to act upon all others matters that may come before 
the stockholders, when so assembled. 

*“*< Dated at Portland, the twenty-fifth day of June, a.D. 1853. 

“¢ ALIAH L. HAMLin, 
ANson G. CHANDLER, 
JoHN A. Poor.’ 


*¢ Which notice was published in the Calais ‘ Advertiser,’ in 
the Bangor ‘ Daily Whig and Courier,’ in the Kennebec 
* Journal,’ in the Portland ‘ Daily Advertiser, and in the 
‘Hastern Argus,’ more than twenty days before the time of 
such meeting; the stockholders of the European and North 
American Railway Company met at the office of Poor & 
Adams, in Portland, on this twentieth day of July, a.p. 1853,, 
at three of the clock in the afternoon. 
* Vide Appendix A. 


5 


“John A. Poor, Esq., called the meeting to order, and, on 
his motion, Hon. Anson G. Chandler was appointed chairman, 
and John M. Adams, Esq., was chosen clerk of the stockhold- 
ers, and was sworn to the faithful discharge of the duties of 
his office.” 

A true copy from the records of the European and North 
American Railway Company. 

Attest: . Noau Woops, Clerk. 


A committee appointed to determine the number of shares 
taken and subscribed in the capital stock of said company, 
reported the amount of capital stock taken and subscribed to 
be twenty-two hundred shares. 

The committee appointed to report a code of by-laws for the 
government of the company, reported the following 


By-Laws 
Of the Huropean and North American Railway Company of Maine. 


Ist. Meetings — how called. — All meetings of the stockholders shall be 
held at such place as the directors for the time being shall appoint, and shall 
be called by a notification published two weeks successively in two at least 
of the public newspapers printed in this State, the first publication to be 
fourteen days at least before the day of such meeting. Said notification 
shall specify the time and place of meeting, and the objects for which the 
meeting is called, and shall be signed by the President or clerk of the cor- 
poration. No other business shall be transacted at any special meeting of 
stockholders but such as relates to the objects specified in the notification. 

2d. Meetings — business at.— No business shall be transacted or votes 
passed at any meeting of the stockholders, excepting a vote to adjourn to 
some future time, unless there be present in person, or by proxy, stock- 
holders holding and representing not less than one-fifth of the whole amount 
of capital stock subscribed for. Authority to act as proxy at any meeting 
must be in writing, and signed by the principal. It must be produced to 
the presiding officer at the meeting, who shall deliver the same over to the 
clerk, to be put and remain on file in his office. 

3d. Meetings — how ordered. — The time and place of all meetings of the 
stockholders, excepting the time of the annual meeting, sHall be determined 
by the directors. The first annual meeting shall be held on the third Tues- 
day of July, 1854, at ten o’clock in the forenoon; and all subsequent annual 
meetings shall be holden on the third Tuesday of July in each succeeding 
year, at ten o’clock, a.m. Special meetings may be ordered by the directors 
when they deem it expedient. It shall also be the duty of the directors to 


6 


order a special meeting, whenever requested, on the written application of 
stockholders owning not less than one-twentieth of the whole amount ou 
capital stock subscribed for. 

4th. Manner of voting. — Questions coming before the stockholders at any 
of their meetings may, by common consent, be decided by hand vote. If any 
stockholder dissents from adopting that mode, the question shall be resolved’ 
by ayes and noes, by ballot, voting by shares. In all cases of voting by 
‘shares the ballot shall have written on the back thereof the number of shares 
which the person voting owns or represents, authenticated by the signatures 
of the person throwing the ballot; and in case the voter acts as proxy, he 
shall subjoin to his signature that fact and the name of his principal. No 
ballot, unless so authenticated, shall be counted. 

5th. The board of directors shall consist of nine members until a different 
number shall be fixed upon at an annual meeting of the stockholders, and 
each member of the board shall be at the time of his election a shareholder 
in the capital stock of the company, and they shall hold their offices until 
the annual meeting next after their election, and until others are chosen in 
their stead, and a majority of whom shall have accepted the office. When- 
ever any director shall cease to be a shareholder~his office shall thereby 
become vacant. Whenever any vacancy shall happen in the board of direc- 
tors it may be filled by a new election of the remaming directors. The 
directors may establish rules for the proper regulation of their own proceed- 
ings, and the orderly performance of their duties. They shall fix and deter- 
mine the compensation of their officers and agents. They may erect such 
buildings, storehouses, wharves, and workshops as they may deem advan- 
tageous, and for the interests of the company. ‘They may sell and dispose 
of any real estate or personal property belonging to the company on such 
terms as they may judge best. ‘They may authorize the treasurer to hire 
such sums of money, on the credit and for the use of the company, as they 
may deem necessary to carry out the intentions and objects of the charter, 
and may give such security for the payment thereof as they may deem 
reasonable. They shall have power to dispose of the residue of the capital 
stock authorized by the charter, and not subscribed for at the time of the 
organization, in such manner and at such times, and from time to time as 
they shall judge most for the interests of the company. ‘hey shall declare 
all dividends, allow accounts, adjust and settle all just and equitable claims 
upon the corporation, superintend the conduct and doings of the different 
officers and agents appointed or employed by them, and take all necessary 
measures to carry into effect the objects and purposes of the company, as 
defined and prescribed by their charter.* 

6th. Clerk and his duties. —The clerk chosen by the board of directors 
may be sworn before any justice of the peace or judge of a court of record, 
and his oath of office shall be entered as of record on the records of the 
directors, and be signed by the justice or judge administering the same. 


* The 5th section appears here as duly amended at lawful meetings of the 
company, held on July 21, 1868, September 22, 1865, and July 17, 1866. 


fi 


He shall ex-officio be clerk of the stockholders. He shall keep a fair record 
of all the doings of the stockholders at their meetings, in a separate book 
kept for that purpose. He shall also keep, in a separate book, a record of 
the doings of the directors at any of their meetings, particularly stating the 
names of the directors present at any such meeting, either in person or by 
proxy. The tenure of office of the clerk shall be during the pleasure of the 
directors. In his absence the directors shall choose a clerk pro tempore, 
who shall be sworn in like manner as the clerk, and perform his duties dur- 
ing such absence; and in case of the absence of the clerk at any stock- 
holders’ méeting, it shall be lawful for the stockholders to choose a clerk pro 
tempore. 

7th. Treasurer, and his duties. —'The treasurer chosen by the directors 
shall hold his office during their pleasure. He shall be sworn to the faith- 
ful discharge of the duties of his office, before some justice of the peace or 
judge of a court of record. He shall have an office in such place as the 
directors shall determine, accessible to all persons having business with the 
corporation, or any of its officers or agents. He shall keep all deeds, 
promissory notes, and valuable papers of the company. He shall collect 
and receive all assessments, income, and moneys that may be due to the 
company, and disburse the same as the board of directors shall order. He 
shall surrender notes and other promissory papers on payment thereof, and 
discharge such mortgages as may have been given concerning the same. 
He shall keep a regular set of books containing the accounts of the com- 
pany, and of all its funds that may pass through his hands. He shall lay 
before the directors a written statement of all notes, drafts, promises, and 
contracts made, signed, and indorsed, or surrendered by him; an abstract 
of all moneys received and paid; a statement of all property bought and 
sold, and such others matters as he or the board of directors may deem 
important, when called for. He shall make a complete settlement of the 
accounts and books at least annually, and as much oftener as the board of 
directors shall require, and shall advise what dividends of profits may be 
made. He shall render an account of his doings to the stockholders of their 
annual meetings. He shall notify the stockholders of all assessments in the 
manner prescribed by the by-laws. He shall deposit to his credit as treas- 
urer of the European and North American Railway Company, and in such 
bank or banks as the directors may from time to time designate, all moneys 
received by him. He shall issue certificates of stock to all persons entitled 
thereto, and keep suitable books showing the number of shares held by the 
respective stockholders from time to time. He shall attend faithfully to 
the duties prescribed in the by-laws, and to all other duties which the 
directors may require him to perform. 

8th. Common seal. —This company shall have a common seal, to be kept 
and preserved by the treasurer, bearing the words and figures ‘‘ European 
and North American Railway Company, incorporated August 20, 1850,” 
and in the centre a miniature map showing the Atlantic ferry. 

9th. Certificates of stock.—The holders of shares in said capital stock 


8 


shall be entitled to certificates thereof, to be signed by the president, | 
countersigned by the treasurer, and authenticated by the common seal ; 
and all certificates of shares in said stock shall be in the following form, 
Viz: 


‘‘ Huropean and North American Railway Company. No. —. 


‘‘Be it known that proprietor of shares in the 
capital stock of the European and North American Railway Company, 
subject to the provisions of the charter and the by-laws of the corporation, 
the same being transferable by an assignment thereof in the books of said 
corporation, or by a conveyance in writing recorded in said books. And 
when a transfer shall be made or recorded in the books of the corporation, 
and this certificate surrendered, a new certificate or certificates will be 
issued. 

** Dated this day of A.D. 18 
[L. 8. | se , President. 

a , Treasurer.” 








10th. Transfer of stock. —The following form for the transfer of shares 
in the capital stock shall be printed on the back of every stock certificate, 
which form shall also be adopted for the transfer books of said company, 
VIZ: 


‘* Huropean and North American Railway Company. 


«For value received, hereby transfer to of 
shares in the capital stock of the European and North American Railway 
Company, subject to the provisions of the charter and to the by-laws of the 
corporation. 

‘* Dated at this day of A.D. 18 

‘« Witness ;: ———- -—_..” 


All transfers of shares shall be recorded either by the treasurer in the 
books to be kept in his office, or by an officer duly authorized by the 
directors, in books to be kept at such other place or places as they may 
appoint. On the receipt of such transfer or assignment, and of the original 
certificate, a new certificate or certificates shall be issued to the person or 
persons who by virtue of such assignment shall become the proprietors of 
such share or shares ; and receipts shall be given to the treasurer of all stock 
certificates received of him. 

llth. Assessments on shares. — The president and directors may from time 
to time make such equal assessments on all the shares in said corporation as 
they may deem expedient and necessary for the purposes of the company, 
and may direct the same to be paid to the treasurer at such time and place 
as they shall deem proper, governing themselves as to the amounts of 
assessments, allowance of interest, and in all other respects, by the terms, 
conditions, and regulations prescribed for the original subscription for stock, 
before the opening of said books; and the treasurer shall give notice of the 


9 


amount per share of every such assessment, and of the time and place when 
. and where the same will be due and payable, by advertisements to be printed 
in one or more newspapers in this State, at least thirty days before 
the day fixed for the payment thereof; and the directors may give such 
~ other®hotice as they may deem expedient. And if any stockholder shall 
neglect or refuse to pay any assessment or assessments on his share or 
shares in said company, for the space of thirty days after the first publication 
of such notice, the directors may order the treasurer, after giving notice (as 
hereinafter provided) of the sale, to sell any or all such shares by public 
auction, to be held in such place as shall be designated by the directors, to 
the highest bidder; and the same shall accordingly be transferred by the 
treasurer to the purchaser, who shall be entitled to receive a certificate 
thereof. And notice of every such sale shall be given by the treasurer in 
one or more newspapers printed in this State, at least thirty days before 
the day of such sale, designating the time and place thereof, and the shares 
to be sold. 

12th. Deeds, &c.— how executed. — All deeds, conveyances, and mort- 
gages made in fee-simple or for any other or less estate, and all leases of 
any real estate owned by said company, except of said railway, executed 
and acknowledged by the president, countersigned by the treasurer, and 
authenticated by the seal of said company, are hereby declared to be the acts 
and deeds of said company, and shall be valid and effectual as such to all 
intents and purposes. 

13th. By-laws —how amended. — The by-laws shall not be altered, re- 
strained, or repealed, except at the annual meeting, nor unless due notice 
of the proposed alteration shall be inserted in the notification for the meeting 
at which the same is acted upon. 


ile 
THE CONNECTION WITH THE NEW BRUNSWICK EXTENSION. 


The European and North American Railway Company of 
Maine has contracted with the European and North American 
Railway Company for extension from St. John westward (a 
corporation duly established by the Province of New Bruns- 
wick) to build their road from St. John, N.B., to the eastern 
boundary of the State of Maine, there to connect with their own 
road, and thus form a continuous line of railroad from Bangor 
to St. John. 

The construction of the entire line of road from Bangor to 
St. John is under one contract. 


Thirty miles of road at either end is already completed, the 
2 


10 


the work is being vigorously prosecuted, and the entire line in 
New Brunswick is under contract to be finished by Sept. 1, 
1869, while the line from Bangor to Winn is under contract 
to be finished by Oct. 1, 1869, leaving but fifty-six miles of the 
whole line to be completed as soon as possible. 

The New Brunswick Company has agreed upon the comple- 
tion of the line from Bangor to the city of St. John, to ex- 
ecute to this company a lease of the road for nine hundred 
and ‘ninety-nine years, and the Maine Company, in lieu of rent, — 
is to pay six per cent semi-annual interest on two thousand 
of the lessors’ bonds for one thousand dollars each, as the in- 
terest warrants become due, and also the necessary expenses 
of maintaining the corporate organization of the New Bruns- 
wick Company,—the Maine Company to hold and possess 
under the agreement the railway in New Brunswick, and all 
the rights, property, and privileges thereto pertaining, until the 
lease is executed. This company will thus have the entire 
management and control of two hundred miles of road which 
is destined to become the thoroughfare of European and North 
American and interprovincial and States travel, as well as to 
form the eastern terminus of the line of railway across the 
continent of North America. The line is also the natural 
trunk from which branches will diverge into the regions of 
Piscataquis and Aroostook counties and of the Penobscot, 
St. Croix, and St. John rivers. 

These roads are heavily subsidized by their respective gov- 
ernments ; they are in process of construction under one con- 
tract, and upon completion will be under one control, and 
managed in the same interest. 


IV. 


THE TIME ALLOWED THE COMPANY BY THE LEGISLATURE FOR THE 


COMPLETION OF ITS RAILWAY.—THE CONDITION AND LENGTH * 


OF ROAD ALREADY COMPLETED. 


This company was chartered Feb. 20th, 1850.* Feb. 20th, 
1856,} the charter was revived, and the time allowed for the — 
* Vide Appendix A. p. 45. + Vide Appendix A. p. 54. 


a1 


location and construction of the railway extended; and again 
March 25th, 1863,* and Feb. 20th, 1864. 

By act of Feb. 21st, 1866,7 the time within which to com-. 
plete*the construction of the railway to the boundary was ex- 
tended to Dec. 31st, 1872, and Feb. 20th, 1868;+4 the time 
allowed for the construction of the line to Lincoln was ex- 
tended to Feb. 21st, 1870; and one year ending Feb. 20th, 
1869, allowed within which to alter and amend any part of the 
location of the line between Lincoln and the boundary. 

The company are allowed therefore until Feb. 20th, 1869, 
to alter and amend the location of their road between Lincoln 
and the boundary line; until Feb. 21st, 1870, to construct their 
railway to Lincoln; and until Dec. 31st, 1872, to complete the 
entire line. 3 

The location to the boundary line has been made, and the 
construction of the road begun. The track to Passadum- 
keag, thirty-one miles from Bangor, is laid. 

The road-bed as far as Lincoln, a distance of forty-five miles, 
is graded. The culvert masonary is finished, the bridge piers 
erected, and the bridges under contract to be put up, and the 
rails and material for the track purchased. As early as the 
spring weather will permit, the railway will be vigorously and 
rapidly prosecuted to completion as far as Lincoln. Contracts 
have been made for finishing the road to Winn, and it is to be 
in running order by Oct. 1st, 1869. 

Several regular passenger and freight trains are running 
over twenty-six miles of the road daily between Bangor and 
Olamon. The amount of business exceeds the original expec- 
tation of the Directors, and taxes severely their preparation. 
It is constantly increasing. The travel from river driving 
alone, in its seasons very great, and the transportation of be- 
tween two and three hundred million feet of lumber annually 
sawn on the river will be a source of large revenue. In ad- 
dition, there will be the business occasioned by the slate quar- 
ries and iron mines; this will yield on the first fifty miles hand- 
some dividends upon the cost of construction. Its location 


* Vide Appendix A. pp. 54, 55. + Vide Appendix A. p. 60. 
t Vide Appendix A. p. 61. 


12 


along the banks of a navigable river, the natural highway of 
transportation, the basin of which is estimated to contain eight 
thousand and two hundred square miles, or five million two 
hundred and forty-eight thousand acres,—for the Penobscot 
traverses very nearly the entire breadth of the State, —is favora- 
able to a productive business. 


V. 


THE PRESENT AND PROSPECTIVE MEANS OF THE COMPANY FOR 
THE COMPLETION OF ITS ROAD. 


The European and North American Railway Company is 
empowered by its charters to acquire by purchase or lease, the 
entire line of railway from Halifax to Portland,* a distance of 
about six hundred miles. Its capital stock + may be issued to 
the amount of fifteen million dollars in gold. The par value 
of its shares is one hundred dollars, or twenty pounds sterling. 

Twenty-two hundred shares of stock have been issued and 
paid for. 

The national and local desire to advance friendly inter- 
course, and to foster and promote trade between the Provinces 
and the States, has obtained assistance for the construction of 
this railway which, for an enterprise of less public worth, 
hardly would have been gained. 

The aids are as follows : — 

1st. Aid in Lands. —'The State of Maine has granted to the 
Company all the timber and lands lying on the waters of the 
Penobscot and St. John rivers. This grant embraces about 
eight hundred thousand acres,{ and the Company have the 
right to mortgage them separate from, or together with, the 
road-bed, track, and franchise. ‘The proceeds from the sale or 
mortgage of the lands and timber must be applied solely to the 
construction of the road from Lincoln to the boundary line. 

To secure, more effectually, the legitimate application of all . 
moneys and securities arising from such sales or mortgage, 
the Act of March 3, 1868, provides that two trustees § shall be 


* Vide Appendix A. p. 55. + Vide Appendix A. p. 53. 
t Vide Appendix B. p. 77. § Vide Appendix A. p. 69. 


13 


chosen by the directors and approved by the Governor of the 
State, to hold all such moneys or securities until the comple- 
tion of the road to Lincoln, when they shall be paid over to the 
Company, to aid in constructing the remainder of their line. 

The Hon. Israel Washburn, Jr., of Portland, and the Hon. 
Abner Coburn, of Skowhegan, Maine, have been chosen Trus- 
tees, and their appointment approved by the Governor.* Both 
have accepted the trust. 

The claims of Massachusetts t and Maine against the United 
States, arising prior to 1860, are four in number. 

1. A claim for the value of lands assigned to settlers under 
the fourth article of the Treaty of Washington, amounting to 
a little more than one hundred and forty-six thousand dollars. 
An appropriation ¢ to meet this claim, was made by Congress, 
in July, 1868, and the money has been paid over within a few 
weeks. ! 

2. A claim for the payment of interest upon the sums ad- 
vanced by Massachusetts to the United States, during the war 
of 1812-15. The justice of this claim is too obvious for argu- 
ment, and the precedents which justify and requires its pay- 
ment, are multiplied and uniform. When the Revolutionary 
war debts of the States were assumed by the United States, 
immediately after the adoption of the federal Constitution, the 
interest upon them was assumed, as well as the principal. All 
_ the States which advanced money for the United States during 
the war of 1812-15, have been repaid with interest, except 
Massachusetts. During the Mexican war, Congress provided 
by general law, for the payment of interest to all States and 
municipal bodies advancing money for the United States. The 
right of Massachusetts to claim interest upon her advances 
during the war of 1812-15, has never been denied. But it is 
a claim which could not be made until the principal of her ad- 
vances was adjusted, and in consequence of controversies as to 
a part of them, this was not finally accomplished until 1859. 
The principal of her advances having then been settled and 
paid, the payment of interest upon them would have followed 


* Vide Appendix B. p. 80. + Vide Appendix A. p. 70. 
t Vide Appendix B. p. 70. 


14 


as a matter of course, if it had not been prevented by the 
breaking out of the late civil war. A claim so clearly just, 
and supported by the uniform practice of the government, is 
sure to be allowed at an early day. The amount of this claim 
is supposed to be quite a half of a million of dollars. 

3. The claim of Maine for an unpaid portion of the expenses 
of defending the late disputed territory, which expenses the 
United States, by one of the articles of the Treaty of Washing- 
ton, agreed to assume and repay. Among these expenses, has 
been recognized that of the interest paid by Maine in raising 
money for the purpose of maintaining a force upon her invaded 
frontiers. But instead of repaying to Maine the interest actu- 
ally paid by her, the accounting officers of the Treasury com- 
puted it by an old rule adopted in that department, which was 
so clearly erroneous, that Congress, in 1857, in the case of 
Maryland, interfered by a special enactment and directed the 
true rule to be applied. The practice at the Treasury, in ad- 
justing an interest account upon a debt which had been paid 
by instalments, was to apply the successive payments exclu- 
sively to the principal, until that was wholly extinguished. 


The true rule, as administered in all our state and federal —- 


courts, is to apply successive payments, first to the interest 
which may have accrued at the times of such payments. ‘This 
correct rule, as before stated, Congress directed in 1857 to be 
applied to the case of Maryland. The reasons for applying it 
to the case of Maine are tenfold stronger. Her right to be 
indemnified for the cost of defending her territory, is not 
merely a matter of justice; but it is secured by a precise treaty 
stipulation, in consideration of the surrender by her of a most 
valuable and extensive domain, for which the United States 
received important territorial equivalents elsewhere. Admit- 
ting, as the United States do, that the interest paid by Maine 
upon loans rendered necessary for the protection of her soil, 
is a part of the cost of that protection, they cannot reduce the 
indemnity stipulated by treaty, by an arbitrary and erroneous 
rule of the treasury department. Much of the interest paid by 
Maine was paid semi-annually, and the remainder annually. 
She is really not indemnified, unless, in the adjustment of her 


15 


accounts with the United States, interest is reckoned semi- 
annually or annually, just as she has herself been obliged to 
pay it. Butas yet, Maine has not asked that measure of jus- 
tice, but only that the rule of computation, adopted by all the 
courts of the country and applied by Congress to the case of 
Maryland, shall be applied to her case. 

The amount of this claim, reckoned to June 1, 1864, was 

two hundred and eleven thousand, five hundred and forty-seven 
dollars, which will be increased by the addition of interest to 
the present time. 
- 4, The claim of Massachusetts and Maine for the spoliation 
of timber upon the disputed territory, between the years 1832, 
and 1839. In the first-named year, an arrangement was en- 
tered into at Washington between the British Minister and the 
American Secretary of State, by which the jurisdiction of 
Maine over the disputed territory was suspended during the 
pendency of negotiations upon the question of boundary. This 
arrangement was not obligatory upon Maine, but she acqui- 
esced in it, out of deference to the urgently expressed wishes 
of the federal authorities, until 1839, wien the spoliations of 
her timber had become so flagrant and enormous, that she was 
obliged to re-assert her jurisdiction to the extent of protecting 
her property from plunder. But in the mean time she had 
sustained losses of timber, not susceptible of precise determina- 
tion, but beyond all question, immense in amount. For these 
losses, the nation is responsible, as they resulted from an 
arrangement made by national authority and for national ob- 
jects. Congress has recognized this responsibility, by an act 
passed July 12, 1862, indemnifying the private proprietors of 
two tracts of land within the disputed territory for exactly 
similar losses. This act had been most carefully consi ‘ered 
by eight committees of the Senate and House, and their reports 
may fairly be considered as settling the principles involved in 
this case, leaving no question to be determined, except that of 
the amount of the indemnity which is due to Maine and Massa- 
chusetts. } 

These claims are founded in equity and justice, as indemni- 
fication for positive and undeniable injuries. The value and 


16 


importance of the benefit to be derived from the proposed 
application of them, together with the absolute right of the 
demand, is strong inducement to the Congress now in session 
to allow them.* 


BANGOR CITY LOAN. 


The city of Bangor has loaned its credit to this Company to 
the amount of one million dollars ($1,000,000). This loan is 
secured by a mortgage of the property between Bangor and 
Winn, half of the road, together with the franchise and the 
rolling stock; but does not include the remaining half to the 
boundary line, nor the lands granted by the State. 

The bonds of the city, for the sum of two hundred and fifty 
thousand dollars, have been issued and delivered to the com- 
pany, and the remainder will be issued in instalments, as pro- 
vided in the act of legislature authorizing the loan.t 

The road, as far as it is built, has been declared, by the City 
Government of Bangor, to be, in all respects, a first-class rail- 
way.§ In order to enable the Company to complete and equip 
its railway in the same solid and perfect manner, a loan from 
the public is asked, secured by the following 


BOND AND MORTGAGE. 


This Indenture, made this first day of March, in the year of 
our Lord eighteen hundred and sixty-nine, between the Euro- 
pean and North American Railway Company, a corporation 
duly established by the laws of the State of Maine, the party 
of the first part; and J. Edgar Thomson, of Philadelphia, in 
the Commonwealth of Pennsylvania, and Hannibal Hamlin, 
of Bangor, in said State of Maine, the parties of the second 
part: 

Witnesseth, That whereas said party of the first part, pur- 
suant to the statutes of said State, whereby it is incorporated, 
is now constructing a railway with all its equipments, and 
appurtenances, extending from said Bangor, eastward in said 

* Vide Copy of Bill before Congress, Appendix B. p. 81. 


¢ Vide Appendix B. p. 74. t Vide Appendix A. p. 62. 
§ Vide Appendix B. p. 75. 


17 


State to the boundary line thereof, a distance of about one 
hundred and twelve miles; there to connect with the western 
terminus of the railway of the ‘“‘ European and North Ameri- 
can Railway Company, for extension from Saint John, west- 
- ward.” 

And, whereas, the Governor of said State of Maine, thereto 
duly authorized by acts of Legislature, approved the twenty- 
fourth day of March, in the year of our Lord eighteen hundred 
and sixty-four, and the third day of March, in the year of our 
Lord eighteen hundred and sixty-eight, has granted and con- 
veyed to said party of the first part all the timber and lands 

belonging to said State, situated upon the waters of the Penob- 
scot and St. John rivers, containing one million acres, more or 
less, subject to certain reservations and obligations imposed by 
said acts, by deed, dated the thirteenth day of May, in the year 
of our Lord eighteen hundred and sixty-eight, and recorded in 
the Registry of Deeds for the County of Penobscot, in said 
State, Liber 379, Folios 8, 9, 10, and 11. 

And whereas the said party of the first part was duly au- 
thorized by act of Legislature, approved the twenty-first day of 
February, in the year of our Lord eighteen hundred and sixty- 
six, to hold said lands, and to sell and convey the same for the 
purpose of raising money for the construction of its railway, 
and to convey the same in mortgage to trustees, as security for 
bonds or certificates of indebtedness issued for the purpose 
aforesaid. 

And whereas said party of the first part, in order to procure 
means, by a loan, to aid in the construction and equipment of 
its said railway, did, at a meeting of the stockholders thereof, 
duly notified and held at the office of the Company, in Ex- 
change Street, Bangor, on the twenty-first day of July, a.p. 
1868, vote: — | 

“That the Directors of this Company be, and they are hereby 
authorized to issue the bonds of this Company for such an 
amount as they may judge proper, not exceeding three million 
dollars, payable at such time as they may fix upon, and payable, 
principal and interest, in United States currency, or in coin, or 


in pounds sterling, and in the city of New York, or the city of 
3 


18 


London, England, as they may find most advantageous. to the 
Company, and upon such time as they may think proper, not 
exceeding forty years from their date, and make a mortgage 
upon the lands of the Company, and upon the franchise, rights, 
property, and railroad of the Company from Bangor to the 
eastern boundary of the State, to secure the payment of said 
bonds and the interest thereon.” 

And, whereas, the Directors of the European and North 
American Railway Company, at a meeting of their Board, duly 
held at the office of said Company, in Bangor, on the twenty- 
third day of January, in the year of our Lord eighteen hun- 
dred and sixty-nine, voted to issue two thousand bonds of one 
thousand dollars each, under authority conferred by the stock- 
holders at their meeting of July 21, a.p. 1868, and that the 
said bonds shall be in form, words, and figures as follows: to 
wit, — 


Secured by a United States - Loan 
Mortgage as stated of limited to 
in body of this bond. America. $2,000,000. 


State of Maine. 
$1,000. $1,000. 
The European and North American 
Railway Company. 
No. 


The European and North American Railway Company, incor- 
porated by the State of Maine, acknowledges itself to be 
indebted to Hannibal Hamlin, of the city of Bangor, or bearer, 
in the sum of one thousand dollars, which sum the said Com- 
pany promises to pay to him, or to the bearer hereof, in United 
States gold coin, at par, on the first day of March, in the year 
of our Lord eighteen hundred and ninety-nine (1899), at the 
agency of the Company, in the city of New York, or, at the op- 
tion of the holder hereof, to be stamped hereon, and upon each 
and every coupon hereto attached, at the time of their issue, at 
an agency of said Company, in the city of London, England, 
at the current rate of exchange, with interest thereon at the 


19 


rate of six per centum per annum, payable semi-annually in 
gold coin aforesaid, at said agency in New York, free from 
United States government tax, or at its said agency in London, 
as aforesaid, free from said government tax, on the first day of 
the months of March and September, in each year, on delivery 
of the annexed interest warrants. 

This Bond is one of a series of two thousand bonds for one 
thousand dollars each, of even date herewith, all equally 
secured by a first mortgage of even date herewith, of all the 
timber and lands conveyed to said Company, by the State of 
Maine, and of its railway and all its rights, franchises, ease- 
ments, personal property, equipments, and appurtenances, now 
possessed or to be hereafter acquired, duly made, executed, 
delivered, and recorded by said Company in pursuance of the 
laws of Maine, to J. Edgar Thomson and Hannibal Hamlin 
and their successors, lawfully appointed in trust, to secure the 
full and final payment, without preference, priority, or destinc- 
tion, of the said two thousand bonds, and the interest thereon, 
all of which by reference thereto will more fully appear, sub- 
ject, however, to a mortgage to the city of Bangor, on fifty-five 
miles of said railway; viz., from Bangor to Winn, dated Jan. 
20%, a.D. 1869, to secure a loan of one million of dollars from 
said city to said Company, as authorized by an act of the Leg- 
islature of Maine, approved Feb. 24", a.p. 1868. 

The holder hereof, equally with the holder of each of said 
bonds, is entitled to all the security and benefits to be derived 
by or from said mortgage, including the benefit to be derived 
from a sinking fund, to be formed from the sale of the real 
estate and lands above named, conveyed to said Company by 
said State of Maine, as provided in said mortgage Deed of 
Trust. 

This Bond will also be receivable at par with the accrued 
interest thereon, by said Trustees, in payment for the purchase 
of any of said real estate and lands at the then existing ap- 
praisement price for the sale of the same. This Bond is not 
obligatory on said Company until it is certified by a writing 
thereon, signed by one or both of said Trustees, that it is 
one of the bonds of the issue above mentioned, and entitled to 


20 


the security of said mortgage Deed of Trust, and that said 
mortgage has been duly executed, delivered, and recorded. 

In witness whereof, the said Company has, in due form of 
law, made and executed these presents, by causing its common 
(corporate) seal to be hereto affixed, and these presents to be — 
signed by its President and Treasurer, and it has caused its 
interest warrants hereto annexed to be duly made and signed 
for and in its behalf, by its Treasurer, this first day of March, 


A.D. 1869. 
President. 
Treasurer. 
[SEAL] 


‘‘T do hereby certify that this bond is one of the series of 
two thousand bonds, all of the same amount, tenor and date ; 
and is entitled to the security of said Mortgage Deed of Trust, 
as in said bond specified ; and that said mortgage deed of trust 
to secure the same, has been duly made and delivered to me, 
one of the trustees therein named, by said railway company, 
and has been recorded in the registries of deeds for the counties 
of Penobscot, Washington, Aroostook and Somerset, of the 


State of Maine. 
Trustee. 


$30. £6. 


“The European and North American Railway Company 
will pay the bearer Thirty Dollars, in coin, at its agency, in 
the city of New York, or six pounds sterling at its agency 
in the city of London, according to the stamp hereon, on the 
first day of A.D. 18 

Six months’ interest on their bond, No. 


9? 


Treasurer. 


And, whereas, said party of the first part, by its board of 
directors, has caused to be made, executed, and prepared for 
sale and delivery, two thousand bonds, each for the payment 
of one thousand dollars, dated, maturing, bearing interest and 
payable as above specified, and has determined to secure the 
payment of the same, together with the interest thereon, by a 
mortgage of said timber and lands, rights, franchises, railroad 


and property as above stated, and that said bonds shall be 
equally secured by said mortgage, without preference, priority, 
or distinction, and without regard to the time or times of their 
actual sale or delivery. | 

Now, therefore, the said party of the first part, in order to 
secure the payment of the principal and interest of said two 
thousand bonds, issued or to be issued as hereinbefore pro- 
vided, and in consideration of the premises, and of one dollar 
to it paid by said parties of the second part, the receipt whereof 
is hereby acknowledged, has granted, bargained, sold, conveyed, 
and transferred, and by these presents, does grant, bargain, sell, 
convey and transfer unto said parties of the second part, their 
successor or successors in the trusts herein created all the real 
estate, lands and timber thereon standing, situated on the 
waters of the Penobscot and St. John rivers, containing a mil- 
lion of acres, more or less, conveyed, as hereinbefore men- 
tioned, to said party of the first part by the State of Maine, by 
deed of the Governor, dated and recorded as aforesaid, subject, 
nevertheless, to the exceptions, reservations and obligations 
imposed by the acts of the legislature of Maine, hereinbefore 
named and referred to, as stated in said deed. And, also, all 
its right, title and interest in and to, all and singular, its 
property, real and personal, of whatsoever nature and descrip- 
tion, now possessed, or to be hereafter acquired ; including its 
railway, equipments and appurtenances; all its rights, privi- 
leges, franchises and easements ; all buildings used in connec- 
tion with said railway or the business thereof, and all lands and 
grounds on which the same may stand or connected therewith ; 
also, all locomotives, tenders, cars, rolling stock, machinery, 
tools, implements, fuel materials, and all other equipments for 
the constructing, maintaining, operating, repairing and re- 
placing the said railway or its appurtenances, or any part 
thereof. Saving and reserving, however, from the operation of 
this deed, the railway of said company from Bangor to Winn, 
an extent of about fifty-five miles; and, also, such of the roll- 
ing stock and personal property, above named, as shall be 
necessary to operate said fifty-five miles of railroad, together 
with the rights, privileges, and franchises connected therewith, 


22 


the same having been mortgaged by said company under date 
of January 20th, A.D. 1869, to the city of Bangor, to secure 
a loan of its bonds to said company to the amount of one 
million of dollars; meaning, however, hereby to convey all 
rights of redemption which said company now have, or may 
hereafter have, in the property reserved as above, and now cov- 
ered by the mortgage to the city of Bangor, described above. 

To have and to hold the aforegranted premises, with all the 
rights, privileges, easements and appurtenances thereto belong- 
ing, hereby conveyed or intended to be conveyed, to the said 
parties of the second part, their successors, in the trusts hereof, 
and their heirs and assigns, to their use and behoof, but only 
upon the trusts hereinafter set forth. 

First. It is hereby agreed, that upon the execution of these 
presents, the said parties of the second part shall appoint a 
Superintendent, to control and manage the real estate and 
lands conveyed to said party of the first part, by the State of 
Maine as aforesaid, in the manner following, viz. : 

The appointment of said Superintendent, and all appoint- 
ments of successors, as hereinafter provided, shall be in writ- 
ing, subject to the approval of said party of the first part, and 
shall be recorded in the registries of the counties of Penobscot, 
Aroostook and Somerset. . 

Said Trustees, their successor or successors, may, and at the 
request in writing of said party of the first part, shall, remove 
such Superintendent, and shall appoint a successor in the man- 
ner above provided. : 

Said Superintendent and his successors shall give good and 
sufficient bonds to said Trustees, for the faithful performance 
of the duties of the office. 

Said duties shall be as follows, viz. : 

ist. To cause said real estate and lands to be surveyed and 
divided into sections, tracts or lots, as may be deemed expe- 
dient; and a proper schedule and plan thereof to be made. 

2d. To cause true and faithful appraisements of said real 
estates and lands to be made by competent appraisers, from 
time to time, as may be deemed expedient. 

3d. To make contracts for the sale of, and to sell any and 


23 


all said real estate and lands, the timber thereon or other 
products thereof, either at public or private sale, but in no case 
for less than their last appraised value; and in the name and 
behalf of both the parties hereto, to sign such contracts, and 
to make, execute and deliver proper deeds of conveyance 
thereof; and such Superintendent is hereby constituted the 
agent of the said parties hereto, in their names and their 
behalf, to make such contracts, and execute and deliver such 
deeds of conveyance ; but no deed of conveyance shall be de- 
livered to any purchaser until the amount of the purchase 
money shall have been paid in full. 

Said Superintendent shall, at the election of the purchaser, 
receive any of the bonds secured by this mortgage as aforesaid, 
at par with the accrued interest thereon, in payment for the 
purchase of any of said real estate and lands, at the then exist- 
ing appraisement price for the sale of the same. 

4th. To record in full, all contracts and all sales of land 
made, and all deeds of conveyance delivered, as aforsaid, in 
books kept for that purpose. 

All moneys received by said Superintendent, from the sale of 
lands, as aforesaid, after deducting therefrom, all the charges 
and expenses pertaining thereto, together with all moneys re- 
ceived from said party of the first part, as hereinafter provided, 
shall be paid into a sinking fund, and appropriated and applied 
as follows : — 

All moneys, paid into the sinking fund, shall, on the receipt 
thereof, be deposited in some safe National bank, to the credit 
of said Trustees. 

All moneys in said sinking fund, shall, from time to time, be 
applied to the purchase of the bonds secured by this mortgage, 
at their lowest market price, when such price does not exceed 
the par value of said bonds. 

When such price exceeds ‘said par value, said moneys shall 
be applied to the purchase of the interest bonds of the United 
States, and any State or municipal bonds, approved by said 
Trustees, but none other. 

When said mortgage bonds, or any of them, can be purchased 
for a sum not exceeding the par value thereof, said trustees 


24 


may from time to time, as they deem expedient, dispose of any 
bonds, other than said mortgage bonds, purchased as aforesaid, 
and apply the proceeds thereof to the purchase of such mort- 
gage bonds. The interest money of all bonds purchased or 
received as aforesaid shall be collected and paid into said 
sinking fund. | 

All moneys in said fund shall be invested as above provided 
without unnecessary delay, and at no time shall the amount 
uninvested exceed five thousand dollars, save and except when 
a sum exceeding five thousand dollars shall be paid into said 
fund at one and the same time. 

All securities in which said sinking fund shall from time to 
time be invested, shall be and remain in the custody of said 
superintendent, and he shall be responsible for the same. 

All such mortgage bonds shall, upon their purchase or re- 
ceipt as aforesaid, be stamped, ‘‘ Sinking Fund,” and regis- 
tered by said party of the first part as hereinafter provided ; 
but they shall not be cancelled. 

All moneys in said fund shall be appropriated and applied 
as aforesaid until all the said two thousand bonds shall have 
been stamped “Sinking Fund” as aforesaid, or have been 
otherwise paid. | 

When all of said two thousand bonds have been so stamped 
or paid, and all the interest warrants thereto belonging, have 
been detached therefrom and paid, said bonds belonging to said 
sinking fund shall be cancelled by said trustees, and delivered 
to the said party of the first part but not till then. The said 
party of the first part by its board of directors shall at all 
times have the right to examine the accounts of said trustees 
and of said sinking fund. 

Second. It is further agreed, that said party of the first part 
shall on the first day of July, a.p. 1879, and annually on the 
first day of each succeeding July, pay to said Trustees for said 
sinking fund a sum of money equal to one per cent of the 
amount of said bonds which shall have been issued and are at 
that time outstanding. | 

Third. It is further agreed that in case said party of the 
first part shall fail to pay the principal or any part thereof, 


25 


or the interest or any part thereof, of any of said bonds, 
when the same shall be demanded after the same shall 
have become due and payable, then at any time after six 
months from the time of such demand and default, and 
while such default continues, said parties of the second 
part, and their successors in the trusts hereof, may either 
in person or by their attorney or agent, duly appointed for 
that purpose, enter into and take possession of all or any 
part of said premises herein conveyed, and have, use, operate 
and control the same, and collect and receive the rents, issues, 
tolls and profits thereof, making from time to time, all needful 
repairs, alterations and additions thereto. And said Trustees, 
after deducting the reasonable and proper charges and expenses 
of operating and managing the said railway and of said repairs, 
alterations and additions, as well as a reasonable compensation 
for their own services, shall apply the proceeds thereof to the 
payment of all the interest warrants on said bonds then due 
and unpaid, in the order of their maturity ; and shall hold and 
apply the balance, if any, to the purposes of their trust. 

Fourth. It is further agreed that in case said default is 
made and continues as aforesaid, the said parties of the second 
part and their successors, may, and upon the request in writ- 
ing of the holders of one-fifth in amount of the said bonds then 
due and unpaid, shall, after at least thirty days’ notice thereof 
in writing to the party of the first part, cause the said property 
herein conveyed or intended to be conveyed, to be sold at pub- 
lic auction in the said city of Bangor ; first giving notice of the 
time, place and cause of such sale, together with a specific 
description of the property to be sold by publication, at least 
six months previous thereto, in at least five newspapers, pub- 
lished, one in New York, one in Boston, one in Bangor, one in 
St. John, and one in London. 

Said Trustees may adjourn such sale from time to time, first 
giving due notice of any such adjournment; but it is expressly 
agreed that said Trustees shall first cause the real estate and 
lands, or so much thereof as shall be sufficient to pay and dis- 
charge the principal and interest of all such bonds as may then 


be due and unpaid, to be sold in parcels ; and if the proceeds of 
4 


26 


such sale, after deducting therefrom, the reasonable and proper 
charges thereof, are insufficient for the purpose aforesaid, then, 
said Trustees shall cause the said railway, its rights, franchises, 
easements, equipments, appurtenances and all other estate 
herein conveyed, to be sold as aforesaid, and shall make, exe- 
cute and deliver to the purchaser or purchasers thereof, good 
and sufficient deed or deeds of conveyance in fee-simple of the 
same, which shall be a bar at law, and in equity against said 
party of the first part, and against all persons claiming by, 
through and under said party of the first part, of all right, 
title, interest and claims, in and to said property or any part 
thereof, so sold and conveyed. 

And said Trustees, shall, after deducting the reasonable and 
proper charges and expenses of such sales, and of managing 
and operating said property, as well as a reasonable compensa- 
tion for their own services, apply so much of the proceeds of 
such sales as may be necessary, first, to the payment of the in- 
terest warrants on said bonds then due and unpaid, in the 
order of their maturity, and then to the payment of the princi- 
pal of said bonds then remaining due and unpaid, pro rata, if 
there is not an amount sufficient to pay the whole, and shall 
pay over the balance, if any, to said party of the first part. 

It is hereby declared, that the receipt of said Trustees or 
either of them, shall be a sufficient discharge to the purchaser 
or purchasers of any of said property, for the purchase money, 
and such purchase or purchasers shall in no wise be answer- 
able for the application of money so paid. 

Fifth. tis further agreed that said parties of the second 
part and their successors in said Trust, may, at any sale as 
aforesaid of any property herein conveyed, bid for and pur- 
chase, or cause to be bid for and purchased, the property so 
sold or any part thereof, in behalf of the holders of the bonds 
secured by this mortgage then outstanding, at a reasonable 
price if only a part of said property is sold; but if the whole of 
said property is sold, at a price not exceeding the whole 
amount of said bonds outstanding, with the accrued interest 
thereon. 

Sixth. It is further agreed that in case default shall be 


27 


made in the payment of any half year’s interest on any of the 
aforesaid bonds, according to the tenor of the interest warrants 
annexed thereto, and if such default shall continue for the 
period of twelve months after such interest warrants shall have 
become due, and the payment thereof shall have been de- 
manded, then the principal of all the bonds secured hereby, 
if a majority in interest of all the holders of said bonds direct 
in writing, before the interest so in arrears has been paid, shall 
be declared by the said parties of the second part to be im- 
mediately due and payable, and thereupon the same shall 
become due and payable, any thing contained in the said bonds 
or herein to the contrary notwithstanding. 

‘Seventh. It is hereby agreed that said party of the first part 
shall, until breach of. condition of this mortgage, remain in un- 
disturbed possession of the premises hereby conveyed, and 
nothing herein contained shall be so construed as to prevent 
the said party of the first part from exercising full manage- 
ment and control of the said railway, its equipments and ap- 
purtenances as aforesaid. And said party of the first part 
may, in its discretion, sell, exchange, or otherwise dispose of, 
any or all buildings, lands, and grounds used in connection 
with said railway, or the business thereof; and also any loco- 
motives, tenders, cars, rolling stock, machinery, tools, imple- 
ments, fuel, and materials, and all other personal property 
which may become impaired by use or require renewal, and 
convey the same free and clear of all lien of this mortgage, — 
but all property of whatsoever kind, whether real or personal, 
obtained in place of property sold or disposed of as aforesaid, 
or otherwise acquired hereafter by said party of the first part, 
shall be and become subject to, and bound by the lien of this 
mortgage, as if the same was now owned by it, and especially 
described and mentioned herein. 

Highth. It is further agreed, that the said party of the first 
part shall, at the request of said trustees, execute and deliver 
such further deeds of conveyance of all the property now pos- 
sessed, or to be hereafter acquired, by said party of the first 
part, herein conveyed or intended to be conveyed, and upon 


28 


the trusts herein set forth, as may be necessary for the better 
security of said bonds. 

Ninth. It is further agreed, that the said party of the first 
part shall provide suitable books for the registration of any 
or all said bonds. Bonds shall be registered therein at the 
request of the holder thereof, and an indorsement of such 
registry, made thereon by the clerk of said party of the first 
part; and thereafter, such registered bond shall only be trans- 
ferable by the order of the person in whose name the same 
is registered, until the same shall have been released on the 
register. 

Tenth. It is further agreed that said trustees shall be ac- 
countable only for their personal default or wilful neglect, and 
not for the neglect or default of each other or of their agents, 
appointed with due discretion. 

Said trustees shall be entitled to receive a reasonable and 
proper compensation for the performance of ‘the duties of the 
trusts herein set forth. 

Hleventh. It is hereby agreed, that either of said trustees 
may resign. Such resignation to take effect sixty days after 
notice thereof in writing to said party of the first part, and to 
his co-trustee. 

In case of the death, mental incapacity, or resignation of 
either of said trustees, for the time being, in the trusts herein 
set forth, all the estate, right, interest, power and control of 
such trustee shall be divested and cease. And the supreme 
judicial court of said State of Maine shall, upon the request in 
writing of one or more of said bondholders, or of the directors 
of said party of the first part appoint such successor. 

During such vacancy, and immediately upon such death, 
mental incapacity or resignation, the whole and sole execution 
of said trust, and all the estate, rights, authority, and powers 
by these presents, vested in both of said persons, shall vest, 
devolve upon, and be held and exercised by the remaining 
trustee, in every respect and in all cases whatsoever. 

Provided, however, and this deed is on the condition, that 
if the said railway company shall well and truly keep and per- 


: 


29 


form all its promises and agreements hereinbefore contained, 
then this deed shall be null and void, otherwise shall remain 
in full force and effect.: 

In testimony whereof, the said European and North Ameri- 
can Railway Company, the party of the first part, has caused 
its corporate seal to be hereto affixed, and these presents to be 
signed by its president thereto duly authorized. And the said 
J. Edgar Thomson and Hannibal Hamlin, the parties of the 
second part, in token of their acceptance of the trusts herein 
created and granted to them, have hereunto set their hands 
and seals, the day and year first above written. 

The European and North American Railway Company, 


By G. K. Jewerr, President. [Seal.] 
J. Epcar THOMSON. [Seal. ] 
TIANNIBAL HAMLIN. [Seal.] 


Certificate of Governor. 


STATE OF MAINE, 
Aucusta, March 3, 1869. 
I have examined the foregoing mortgage, and hereby approve 
the same. 
JosHua L, CHAMBERLAIN, 
Governor of Maine. 


Registrar's Certificate. 


State or Maine, PENOBSCOT, 88. Reeistry OF DueEps. 


Received March 6, 1869, 10 15 a.m., and recorded in vol. 
386, p. 380-393. 


Attest : Amos HK. Harpy, Legzster. 


30 


VI. 


THE REASONS WHY THIS ROAD WILL PAY. 


1". Two links only in the great chain of connecting railway 
between Halifax, Nova Scotia, and all the principal cities in the 
North and West of the United States, remain unforged. One 
is the railway between Truro and Dorchester. . This is about 
sixty-five miles in length. It is a part of the intercolonial line 
between Halifax and Quebec, and provisions for building it 
have been made by the Dominion of Canada. The other is 
the European and North American Railway. This will connect 
St. John, New Brunswick, with Bangor, in Maine, and will be 
finished and in operation the first day of October, 1869, ex- 
cepting the distance between Winn and the St. Croix River, 
about fifty-six miles. | 

The completion of these two lines of railway will shorten the 
time between New York and Liverpool by at least thirty hours, 
or two business days. 

The great saving of time will insure to this railway a large 
proportion of European and Provincial through travel. Since 
the incorporation of this company in 1850, the number of 
weekly transatlantic steamers has increased from two to ten. 
There are now nine regularly organized lines, owning fifty-two 
steamships, of the aggregate tonnage of 126,240 tons. Upon 
the completion of the line of railway to Halifax transatlantic 
steamers will touch there, as at Southampton and Brest. 

The Director of the Bureau of Statistics on the imports of 
the United States, in his Report, transmitted to the Secretary 
of the Treasury, May, 1868, under the title of “‘ Passengers 
not Immigrants into the United States during the Hight Fis- 
cal Years from July 1, 1859, to June 30, 1867,”’ enumerates 
251,227: an average of about thirty thousand a year; and in 
fact, during each of the last two years, he enumerates over 
40,000. The actual immigrants during the same time, num- 
bered 1,488,568. It fairly may be expected that increased 


ol 


facility and speed will increase the travel; while it can only 
be conjectured what proportion will pass over this road. 

The Report also states the tonnage during the same pe- 
riod that entered from the British North American posses- 
sions to be 22,040,008; and that cleared to the same to be 
22,508,206 tons. It places the import trade of the United 
States with the British North American possessions, for the 
year 1867, third in the order of importance, and values it at 
$33,600,000, specie. Much more of this than can with any cer- 
tainty be enumerated will seek transportation by the railway. 

This is the ONLY RAILWAY connecting the United States and 
the British Provinces, south of the St. Lawrence River, and 
will become the main channel of communication and exchange 
between them. At present, the travel by steamer between Hali- 
fax, St. John, Portland, and Boston, during nine months of 
the year, is estimated at seven hundred passengers each way 
per week ; the greater part of this travel will naturally seek the 
more certain and speedy transportation by rail. 

The European and Provincial mails will be carried by this 
line. A large proportion of costly light goods, such as high- 
priced teas, silks, porcelain, drugs, spices, etc., now take an 
American route* from China and Japan, the distance being 
©0000 miles shorter than by any other. These freights will 
come over the Pacific Railroad, en route to Europe, and will 
pass over this line to Halifax as the nearest port; other 
through freights may be reasonably expected. 

A revenue from through transportation may therefore be 
relied on, from three distinct sources ; viz. : — 

(1) Americo-European and Provincial, and European-Hast 
Indian Travel. 

(2) Americo-European and Provincial, and European-Hast 


Indian Mails. 
(83) Americo-Huropean and Provincial, and Huropean-Hast 


Indian Freights. 


* Via Panama. 


32 


2°. There are two lines of railroad running east from Portland, 
each one hundred and ten miles in length. One, the Maine 
Central, terminates at Bangor. The other, the Portland and 
Kennebec, crosses the former fifty miles west from Bangor, and 
terminates at Skowhegan. These roads, located within twenty 
miles of each other, are for a long distance parallel, drain 
nearly the same country, and run in competition. 

Their gross earnings for the year ending December 31st, 
1868, amounted to between eleven and twelve hundred thousand 
dollars.* 

The number of through passengers between Bangor and 
Boston annually carried over the Maine Central Railroad, in 
the five years from 1862 to 1867, has increased 76.4 per cent. 
The average yearly increase in the earnings of the road during 
the same period has been 25 per cent. These roads are sup- 
ported by local business. | 

The Kuropean and North American Railway is also one 
hundred and ten miles in length in Maine. It connects with 
the Maine Central at Bangor, and all business from the Maine 
Central and the Portland and Kennebec must pass over its 
road to any destination east of Bangor. The advantages of 
the H. & N. A. R. Co. over these others, both of which are pay- 
ing roads, are, that while it is as well located for way business 
as either, it has a through traffic of inestimable value, and is 
without competition. 

The first road east of Bangor tributary to this railway is the 
Bangor and Piscataquis Railroad. This road will be forty 
miles in length, is now in process of construction, and will be 
completed in the summer of 1869. It connects with the HE. & 
N. A. R. thirteen miles above Bangor, on the Penobscot River, 
and the region into which it runs is very fertile, and abounds 
in timber and mineral deposit. All business on this road seek- 
ing the seaboard and the centres of trade and manufacture 
must pass over this trunk line. 

The citizens of Aroostook County have a bill now pending 


* The entire line from Bangor to St. John is, in length, equal to the sum of 
these two, or two hundred miles, and is expected to earn as much. 


~ 


33 


before the legislature of Maine, asking the grant of a charter 
for a railroad, from some point on the E. & N. A. Railway, 
about sixty miles above Bangor, into that region of unsurpassed 
fertility, mineral wealth, and timber land. When built, it will 
become a generous feeder to the main line. : 

The New Brunswick and Canada Railroad will intersect one 
hundred and fifteen miles from Bangor, and eighty-three from 
St. John. It affords railway communication with Woodstock 
and Houlton, fifty miles north of the point of intersection ; and 
Calais and St. Stephens, thirty-eight miles, and St. Andrews, 
its terminus, forty-three miles south of the intersection. 

The Fredericton Branch Railway, twenty miles in length, 
will connect Fredericton, the capital of New Brunswick, with 
the trunk line, forty-two miles west from St. John. 

The Inter-Colonial Railway, which runs nearly a hundred 
miles into the Miramachi country, intersects the E. & N. A. R. 
at Moncton. This makes a direct connection between that 
region and St. John, and forms a channel to supply the United 
States’ markets with the products of the great salmon fisheries. 

The railroad completed last year between Truro and Pictou 
unites the coal regions of the north shore of Nova Scotia with 
the New England States over the H. & N. A. R. 


3°. There are three steamers a week between Bangor and 
Boston, and the same number belonging to a different line to 
Portland. These steamers carry on an average one hundred 
passengers, each way, every trip. 

The H. & N. A. R. will connect at the city of St. John with 
steamers crossing the Bay of Fundy to the western coast of 
Nova Scotia, and the Annapolis valley ; and with those plying 
in the river St. John and its tributaries; at Shediac, with 
steamers to the northern parts of New Brunswick, Nova Scotia, 
and to Cape Breton and Prince Edwards Island; at Halifax 
with steamers to Newfoundland, The Bermudas, Great Britain, 


and the Continent of Kurope. 
5 


34 


4"..The population of New England is now over three 
millions, and is constantly increasing. That of the maritime 
Provinces is about one million. 

All the land travel between these two sections of country 
must pass over this trunk line: many cities and large towns on 
the line of the road, or its connections, are in immediate need 
of this railway. 

The city of Bangor has a population of about twenty thou- 
sand, which is fast increasing. It is situated at the head of 
navigation on the Penobscot river; it is a centre of lumber and 
manufactures ; its inhabitants are active and enterprising, 
and it is growing rapidly in wealth. Daily passenger stages 
connect it with Belfast, Castine, Ellsworth, Bucksport, Winter- 
port, Monroe, Corinth, Augusta, Houlton, and two dailies to 
Calais. It is the market centre of an immense and well popu- 
lated district. The city of St. John, with its suburbs, contains 
a population of over forty thousand ; it is situated.at the mouth 
of the biggest river east of the Mississippi, — four hundred and 
fifty miles long, which with its branches, furnishes one thou- 
sand three hundred miles of navigable waters, and drains 
seventeen millions of acres. 

The city of Fredericton, on the St. John river, eighty miles 
from its mouth, is the commercial centre of a population of 
nearly fifty thousand. 

Woodstock, an important town on the St. John river, one 
hundred and fifty-five miles from its mouth, is the business 
centre of another large portion of New Brunswick. This dis- 
trict comprises two of the wealthiest counties of that Province, 
and has a population of over thirty thousand, as before stated ; 
and will be directly connected by rail with the Huropean and 
North American Railway. 

Houlton, a short distance from Woodstock, is as county- 
town of Aroostook. The area of this county is about five 
thousand square miles; it is arable, heavily timbered, and 
abounds in mineral and other natural wealth. 

Calais is a large and growing town of prosperity and indus- 
try; and St. Stephens, on the opposite bank of the river St. 


35 


Croix, and St. Andrews, at its mouth, are flourishing centres 
of the business of a large district. 

In addition to these business centres, the railway, for sixty 
miles out of Bangor, runs through ten towns on the banks of 
the Penobscot. These river-towns, all industrious, thrifty, and 
well populated, will more than support this portion of the 
road. ? 

One hundred and forty-eight thousand and fifteen (148,015) 
acres of public land were taken and bought for settlement dur- 
ing the year 1866,in Maine. In Aroostook county alone, there 
are 2,739,425 acres of wild lands. 

The amount of lumber surveyed in Bangor alone was, in 
1867, 206,483,358 feet; and in 1868, 220,794,766 feet. Be- 
tween two and three hundred million feet are sawn on the 
Penobscot river, above Bangor, every year. 

In considering the various sources of revenue, no distinction 
has been made between local and through traffic. 

The retumns from the portion of the road already in operation 
show that demand for quicker and increased means of trans- 
portation has been long needed. 

The cities and towns just enumerated are destined to become 
seats of large and numerous manufactories. The produce and 
manufactures of the district traversed, as well as all supplies 
and merchandise required by the present population, must con- 
tribute to the local business of the road. The local traffic will 
increase with the growth of the country, and the easier access 
to markets will stimulate that growth. The fertile region of 
the Aroostook, opened and developed by these rich agencies, 
will, in a few years, vie with that of the West in supplying New 
England with wheat and cattle. 

In addition to this strictly local traffic, there will be the 
business of the tribatory roads, for the European and North 
American, will form the only channel of communication be- 
tween these roads and the centres of trade. 

This local traffic it is expected will support the road. The 
through traffic between the Provinces and the States, a busi- 
ness already requiring many steamers and stage-coaches for its 


36 


weekly accommodation, and certain to be largely increased by 
railway communication, will undoubtedly cause the revenues 
from this source to greatly exceed that of other roads of pith 
length, as this railway will be free from competition. 


9”. The manufactories upon the line of a railway add largely 
to its way travel and business. The location of manufactures 
depends upon the nature of the country and the characteristics 
of the inhabitants. 

The people of Maine have had their full share in rendering 
New England famous for its activity, industry, and pros- 
perity. 

New England is the great centre of manufactures; this is 
because she holds about two-thirds of the water-power of the 
United States; and so long as she can manufacture cheaper 
than other sections so long will she maintain her stipremacy in 
this branch of industry. 

The area of Maine is 31,766 square miles, or more than half 
that of England ; the basins of her water-power extend over a 
surface of more than 20,000 square miles. This water-power, 
properly developed, will enable her to equal in the amount and 
value of her manufactures any territory of the same size in the 
world. 

Steam cannot compete with water in manufacturing, where 
the supply is constant, on account of the great additional ex- 
pense ; viz., about twenty cents per day per horse-power. 

Six million dollars was saved in cost of manufacturing cotton 
goods alone in New England in 1860, by the use of HEM ORO TE: 
in the place of steam. 

Economy of power is one condition on which the location of 
manufactures will depend. Maine has more water-power than 
all the rest of New England. Another condition of location is 
economical connection with other manufactories. 

The manufactures of New England are more varied and of 
greater value than those of the other States. New manufac- 


37 


tories will seek a location near the old ones, where the neces- 
sary machinery can be procured at the cheapest rates, and 
advantageous connections be formed. 

From the centre of the water-power of Maine, manufactured 
articles will go East to foreign markets, and South and West 
to the home and South American markets, over the line of the 
European and North American Railway. 


From the ‘ Report of the Commissioners of the Hydro- 
graphic Survey, of the State of Maine, 1867,” the following 
extracts are made : — 


“The extraordinary amount of available water-power found 
within the limits of Maine, exceeding unquestionably that of 
any other portion of the earth’s surface of equal extent, is the 
result of its peculiar physical configuration, and its geological 
structure. .*% . Among the remarkable facts in the physical feat- 
ures of the State is the proximity of the upper waters of Moose- 
head Lake to those of the west branch of the Penobscot, and 
the vast economical results which may flow out of this state 
of things. It is comparatively easy to turn the Penobscot 
River into Moosehead Lake at the north-west carry, and equally 
easy to draw off the lake into the Penobscot River at the north- 
east carry, and by raising suitable dams at the outlet of the 
lake, to retain a volume of water adequate to meet the require- 
ments of business in the lowest droughts of the summer.” 
Page 23. 

‘“‘' The Penobscot: basin (is) estimated to contain 8,200 square 
miles, or 5,248,000 acres.”” Page 26. 


6". The State is not unmindful of the public benefit to be 
derived from the early completion of this enterprise, and is 
desirous of furthering its interests; this is shown by the fol- 
lowing quotations from recent Reports, and the messages of 
the Governor : — 


38 


The Report of the Land Agent of the State of Maine, to the 
Governor and Council, dated December 1, 1866. 


‘“ Fortunately, however, by individual effort, continued with 
the assurance given by the Legislature of our State in 1864, 
and measures now pending in Congress, there is about to open 
a new era to our people, by furnishing railway facilities to the 
towns of Winn and Mattawamkeag on the Penobscot River ; 
and the magnitude of this enterprise must be more than realized 
in its effects upon industrial pursuits in all the territory lying 
north and east of the termini at these towns.” 


Extracts from Governor Chamberlain’s Address to the Legislature 
of the State of Maine, January, 1867. 


. “IT beg leave in this connection, to add another sugges- 
tion in regard to bringing the extraordinary resources of this 
State to the knowledge of the public. Few of our own citizens, 
probably, are aware how abundant and accessible is the water- 
power of Maine. Still less is this known by capitalists abroad. 
... The great European and North American Railway has 
already received tokens of your favor, as well as the generous 
aid of Massachusetts, and the respectful attention of Congress. 
It deserves not only our admiration, but our continued and 
active support. This enterprise . . . so important to the 
interests of the eastern portion of our State, and to our most 
central city, traversing the Acadian peninsula, and bringing the 
Old World two days nearer to the New, is destined, &c., &c. 
I am happy to say that the first day of the new year witnessed 
the beginning of active operations on this road. The State 
must see to it that this great enterprise does not languish.” 


Extract from Governor's Address of January, 1868. 


‘¢The European and North American Railway is one of our 
great interests. This is already admitted and practically recog- 
nized by conditional grants of aid. But without as yet receiv- 


39 


ing any advantage from this, the road has still gone on. By 
great personal exertions the directors and contractors have put 
the road in running order to Orono, and are vigorously pushing 
on towards Winn, sixty miles above Bangor, straight towards 
our Aroostook country, and flanking our rich Piscataquis 
region. This enterprise has dragged somewhat on our side 
the line. But not so with our spirited and generous neighbors 
of the maritime Provinces. With large comprehension of the 
times, and far-sighted vision of the future, they have addressed 
themselves with earnestness and self-reliance to the opening of 
this road. 

‘“¢’The Provisional Government has given to the road outright 
$10,000 a mile, and no less than $10,000,000 have already been 
expended and pledged upon the construction of the main line 
from Halifax to St. John. Indeed, nearly the whole of the 
provincial end of the line is now finished, or in rapid process 
of completion. It remains for us to insure the building of the 
short distance of fifty miles from Winn to the boundary. 

_ “The favorable intention of the legislation of 1864, towards 
this road, has not yet been made effective, owing to the unwill- 
ingness of Massachusetts to relinquish the debt of the State of 
Maine, which is, in a sense, a lien upon the lands conditionally 
granted the road. The company is now bending all its ener- 
gies upon completing the road to Winn, and it is embarrassing 
for them to assume even so small a liability as $150,000 to 
satisfy this claim. It may be asked of us to remove this en- 
cumbrance, so that they can have a clear right to base their 
bonds upon these lands and the franchise of the road. Nor do 
I see any serious objection to this. Jt might seem hard just 
now to take up even this small sum; but the truth is, we can- 
not afford to wait. The lands, at present, from the very absence 
of railroad facilities, would not command a very high price in 
market ; but if made available to the road, they would be of great 
immediate advantage to it, and would in a short time amply 
reimburse the State, in the increase of taxable property. As itis, 
both lands and road languish. Start the road and both come 
into activity at once; and perhaps this is the most expeditious 
way to make these lands available to the State in money. If 


40 


we grant our aid, it is thought that the close of 1869 will see 
Halifax, Bangor, Portland and Boston connected by rail. Open 
the road now that the Cunard steamers are withdrawn from 
Boston, and the great current of transatlantic travel will cross 
our State.” 


Lixtracts from Governor's Address of January, 1869. 


“The long pending claim of the State against the United 
States for indemnity for lands assigned to settlers on the late 
disputed territory under the provisions of the fourth article 
of the Treaty of Washington, having been met by an act of 
Congress at its last session, I was advised by the Executive 
Council — which by Resolves of 1854 and 1861, appears to 
have plenary powers in the matter — to enter into agreement 
with the authorities of the United States to grant releases of 
the title of the State in the lots to which possessory claims had 
been laid by settlers and confirmed by Commissioners appointed 
for that purpose, in order that the money authorized for this 
indemnification might be received. This was done. The land 
agent entered upon the work of finally establishing the titles of 
the settlers, and the money, amounting to $113,906.25, was 
paid to me, and deposited in the Treasury. This claim, as 
well as the similar one of Massachusetts, had been assigned to 
the European and North American Railway Company; and 
Governor Bullock paid the share of Massachusetts, amounting 
to $32,687.50, to me in trust for the Company. This was at 
once paid over to them through the State treasurer... . 
There is available water-power in this State to the amount 
of upwards of a million horse-powers—a power equal to that 
of 15,000,000 of men. No one can fail to see that the seat of 
manufactures of New England is yet to be within the limits 
of this State. When we consider that in Massachusetts and 
Rhode Island, water-power is worth from $150 to $400 per 
horse-power, and rents in some places for $70 per annum for 
each horse-power, we see how immediate and great a source of 
wealth lies in this single item of our natural resources.” 


41 


“STATE OF MAINEY |) (/,, es ERA 
} 


Shay 
¢¢ HXECUTIVE DEPARTNBNT, PLL Fire y 


Aucusta, January 23, 1869! / 
“ To the Senate and House of Representatives : 


‘¢ [have the honor to transmit herewith the Report of the Rail- 
road Commissioners for 1868. The suggestions looking to the 
more effective supervision of our railroads, and especially those 
relating to the enlargement of the powers of the Commissioners, 
appear to me highly important. 

; CJ, L. CHAMBERLAIN.” 


(EXTRACT FROM THE REPORT.) 


“6 Huropean and North American Railway. 


‘“¢ Under charter from the State of Maine this road will extend 
to the boundary line of New Brunswick, about 108 miles ; 
thence under Provincial charters, and by the same corporate 
name, to the city of St. John, about 88 miles; and thence to 
Halifax, 262 miles—thus making the distance by rail from 
Bangor to Halifax 458 miles, and from Halifax to Boston 706 


~ miles, and to New York 940 miles. The distance by water 
- from New York to Halifax is 700 miles, and would ordinarily 


be made by steamer in 70 hours — the time by rail would ordi- 
narily be made in 30 hours. This difference of 40 hours in 
favor of the railway will in time tend largely to direct the 
transatlantic travel to the land route. 

‘¢ The road is completed to Milford, and is well made. The 
rails are English iron and of the fish-plate pattern, and are laid 
as far as Olamon, 26 miles, to which point one of the daily 
trains to Milford runs once a day. It connects with the Maine 
Central at Bangor, and crosses the mouth of the Kenduskeag 
upon a well-built Howe-truss bridge. The expensive bridges 
at Stillwater and Oldtown appear to be strong and permanent 
structures. The road is graded to Lincoln, and ties all distrib- 


uted ready to be placed in position as soon as the frost is out 
6 ; 


42 


in the spring, and from Lincoln to Winn the road is under 
contract, | So that the public may reasonably expect the road 
‘to be completed and fully equipped with rolling stock and depot 


)\-and freight! buildings from Bangor to Winn by another fall. 


«No enterprise has ever, we think, been undertaken in Maine 
of more importance to the State. When the embranchment to 
Aroostook shall be made, which is only a question of time and 
means, it will bring back and secure for the State that which 
belongs to it, and keep at home the great future business of a 
territory larger than several of the States of the Union. But 
it is of more than State importance. It will be international in 
its benefits. The Provincial Road from St. John is to meet it 
at the boundary. And there will then be a continuous railway 
communication between the business centre of the maritime 
Provinces and the commercial emporium of New England. A 
greater interchange of friendly relations and commercial values 
in the natural products of the one country and the manufac- 
tures of the other will spring up between the two peoples. 
Counter currents of friendship and trade will meet upon it and 
strike out new sparks of civilization and progress in their 
contact.” 


The facts and extracts recited above clearly demonstrate — 


1. That Maine is a State of great undeveloped wealth and 
resources. 

2. That she is growing, settling her lands, and rapidly de- 
veloping. | 

3. That the government is alive to her advantages, and de- 
sirous of improving them. 

4, That her water-power is unrivalled. 

o. That she is destined to become a great manufacturing 
State. 

6. That the government is disposed to foster and promote 
all enterprises which tend to develop the natural resources of 
the State. 


43 


T. That the European and North American Railway will be 
built ; the local business will support it; and combined with 
the through business will insure large annual profits upon the 
investment. 

GEORGE K. JEWETT, President. 
NOAH WOODS, Zreasurer. 





APPENDIX. 


A. 


STATE OF MAINE.—IN THE YEAR OF OUR LORD ONE 
THOUSAND EIGHT HUNDRED AND FIFTY. 


AN ACT to incorporate the European and North American Railway 
Company. : 


Be it enacted by the Senate and House of Representatives in legislature 
assembled, as follows : 


Section 1. Elijah L. Hamlin, Anson G. Chandler, John A. Poor, Moses 
L. Appleton, Samuel F. Strickland, Leonard March, Wyman B. S. Moor, 
Daniel W. Bradley, George W. Pickering, Waldo T. Pierce, Rufus Dwinel, 
Josiah S. Little, James B. Cahoon, Charles Q. Clapp, F. O. J. Smith, John 
B. Brown, John Anderson, George F. Shepley, Henry Carter, Thomas J. 
D. Fuller, John Stickney, George M. Chase, George Downes, Noah Smith, 
jr., Ichabod R. Chadbourne, Bion Bradbury, James P. Wheeler, James S. 
Pike, Stephen R. Hanscom, John N. M. Brewer, and Stephen Emerson, 
their associates, successors and assigns, are hereby made and constituted a 
body politic and corporate, by the name of the European and North 
- American Railway Company, and by that name may sue and be sued, plead 
and be impleaded, and shall have and enjoy all proper remedies at law and 
in equity to secure and protect them in the exercise and use of the rights 
and privileges, and in the performance of the duties hereinafter granted and 
enjoined, and to prevent all invasion thereof, or interruption in exercising 
and performing the same. And the said corporation are hereby authorized 
and empowered to locate, construct, and finally complete, alter and keep in 
repair a railway, with one or more sets of rails or tracks, with all suitable 
bridges, tunnels, viaducts, turnouts, culverts, drains, and all other necessary 
appendages, from the city of Bangor, crossing Penobscott river above the 
Bangor and Brewer bridge, over the most practicable route, in a line to the 
city of St. John, in New Brunswick, to the eastern boundary of the State, 
so as best to connect there with a railway to be constructed from said city 
of St. John to said eastern boundary, under a charter from said province, 
with the like name as is used in this charter, as the directors of said cor- 


46 


poration, in the exercise of their best judgment and discretion, shall judge 
most favorable and best calculated to promote the public convenience and 
carry into effect the intentions and purposes of this act. And said corpora- 
tion shall be, and hereby are invested with all the powers, privileges and im- 
munities which are or may be necessary to carry into effect the purposes and 
objects of this act as herein set forth. And for this purpose said corporation 
shall have the right to purchase, or to take and hold so much of the land 
and other real estate of private persons and corporations as may be neces- 
sary for the location, construction, and convenient operation of said railroad ; 
and they shall also have the right to take, remove, and use, for the construc- 
tion and repair of said railroad and appurtenances, any earth, gravel, stone, 
timber or other materials, on or from the land so taken: Provided, however, 
That said land so taken shall not exceed six rods in width, except where 
greater width is necessary for the purpose of excavation or embankment: 
And provided, also, That in all cases said corporation shall pay for such 
lands, estate or materials so taken and used, such price as they and the 
owner or respective owners thereof may mutually agree on; and in case said 
parties shall not otherwise agree, then said corporation shall pay such 
damages as shall be ascertained and determined by the county commis- 
sioners for the county where such land or other property may be situated, 
in the same manner and under the same conditions and limitations as are by 
law provided in the case of damages by the laying out of highways. And 
the land so taken by said corporation shall be held as lands taken and ap- 
propriated for public highways. And no application to said commissioners 
to estimate said damages shall be sustained unless made within three years 
from the time of taking such land or other property; and in case such rail- 
road shall pass through any woodlands or forests, the said company shall 
have the right to fell and remove any trees standing therein within four 
rods from such road, which, by their liability to be blown down, or from 
their natural fallmg, might obstruct or impair said railroad, by paying a just 
compensation therefor, to be recovered in the same manner as is provided 
for the recovery of other damages in this act. And furthermore, said cor- 
poration shall have all the powers, privileges and immunities, and be subject 
to all the duties and liabilities, provided and prescribed, respecting rail- 
roads, in chapter eighty-one of the revised statutes, not inconsistent with 
the express provisions of this chapter. | ) 

Sect. 2. When said corporation shall take any land, or other estate, as 
aforesaid, of any infant, person non compos mentis, or feme covert, whose 
husband is under guardianship, the guardian of such infant, or person non 
compos mentis, and such feme covert, with the guardian of her husband, 
- shall have full power and authority to agree and settle with said corporation 
for damages or claims for damages by reason of taking such land and estate 
aforesaid, and give good and valid releases and discharges therefor. 

Sect. 3. The capital stock of said corporation shall consist of not less 
than ten thousand nor more than forty thousand shares-; and the immediate 
government and direction of the affairs of said corporation shall be vested in 


AT 


seven, nine, or thirteen directors, who shall be chosen by the members of 
said corporation in the manner hereinafter provided, and shall hold their 
offices until others shall have been duly elected and qualified to take their 
places, a majority of whom shall form a quorum for the transaction of 
business; and they shall elect one of their number to be president of the 
board, who shall also be the president of the corporation; and shall have 
authority to choose a clerk, who shall be sworn to the faithful discharge of 
his duty; and a treasurer, who shall be sworn, and also give bonds to the 
corporation, with sureties to the satisfaction of the directors, in the sum of 
not less than fifty thousand dollars for the faithful discharge of his trust. 
And for the purpose of receiving subscriptions to the said stock, books shall 
be open under the direction of the three persons first named in the first sec- 
tion of this act, at such time as they may determine, in the town of Calais, 
and the cities of Augusta, Bangor, and Portland, in this State, and else- 
where as they may appoint, to remain open for ten successive days, of which 
time and place of subscription public notice shall be given in some news- 
paper printed in Portland, Augusta, Bangor, and Calais twenty days at least 
previous to the opening of such subscription; and in case the amount sub- 
scribed shall exceed forty thousand shares, the same shall be distributed 
among all the subscribers, according to such regulations as the persons 
having charge of the opening of the subscription books shall prescribe before 
the opening of said books. And the three persons first named in the first 
section of this act are hereby authorized to call the first meeting of said cor- 
‘poration, by giving notice in one or more newspapers published in the 
town and cities last above named of the time and place, and the purposes 
of such meeting, at least twenty days before the time mentioned in such 
notice. 

Sect. 4, Said corporation shall have power to make, ordain, and establish 
all necessary by-laws and regulations, consistent with the constitution and 
laws of this State, for their government, and for the due and orderly con- 
ducting of their affairs and the management of their property. 

Srecr. 5. The president and directors for the time being are hereby 
authorized and empowered, by themselves or their agents, to exercise all 
the powers herein granted to the corporation, for the purpose of locating, 
constructing, and completing said railroad, and for the transportation of 
persons, goods, and property of all descriptions, and all such power and 
authority for the management of the affairs of the corporation as may be 
necessary and proper to carry into effect the objects of this grant; to pur- 
chase and hold, within or without the State, land, materials, engines, and 
cars, and other necessary things, in the name of the corporation for the use 
of said road, and for the transportation of persons, goods, and property of 
all descriptions ; to make such equal assessments from time to time, on all 
the shares in said corporation, as they may deem, expedient and necessary 
in the execution and the progress of the work, and direct the same to be 
paid to the treasurer of the corporation. And the treasurer shall give notice 
of all such assessments; and in case any subscriber or stockholder shall 


48 


neglect to pay any assessment on his share or shares for the space of thirty 
days after such notice is given as shall be prescribed by the by-laws of said 
corporation, the directors may order the treasurer to sell such share or 
shares at public auction, after giving such notice as may be prescribed as 
aforesaid, to the highest bidder, and the same shall be transferred to the 
purchaser, and such delinquent subscriber or stockholder shall be held ac- 
countable to the corporation for the balance, if his share or shares shall sell 
for less than the assessments due thereon, with the interest and cost of sale ; 
and shall be entitled to the overplus if his share or shares shall sell for more 
than the assessments due, with interest and costs of sale: Provided, That 
no shareholder in said company shall be in any manner whatever liable for 
any debt or demand due by said company, beyond the extent of his, her, or 
their shares of the capital stock of said company not paid up; and no assess- 
ment shall be laid upon any shares in said company of a greater amount in 
the whole than one hundred dollars. 

Sect. 6. A toll is hereby granted and established, for the sole benefit of 
said corporation, upon all passengers and property of all descriptions which 
may be conveyed or transported by them upon said road, at such rate as 
may be agreed upon and established from time to time by the directors of 
said corporation. The transportation of persons and property, the con- 
struction of wheels, the form of cars and carriages, the weight of loads, and 
all other matters and things in relation to said road, shall be in conformity 
with such rules, regulations, and provisions as the directors shall from time 
to time prescribe and direct. 

Sucr. 7. The legislature may authorize any other company or companies 
to connect any other railroad or railroads with the railroad of said corpora- 
tion, at any points on the route of said railroad. And this company is 
hereby authorized to connect’ any railways they may construct under this 
charter with any other railway existing or to be constructed within this State. 
And said corporation shall receive and transport all persons, goods, and 
property of all descriptions, which may be carried and transported to the 
railroad of said corporation on such other railroads as may be hereafter 
authorized to be connected therewith, at the same rates of toll and freight 
as may be prescribed by said corporation, so that the rates of freight and 
toll on such passengers, goods, and other property as may be received from 
such other railroads, so connected with said railroad as aforesaid, shall not 
exceed the general rates of freight and toll on said railroad received for 
freight and passengers at any of the depots of said corporation. 

Secr. 8. If the said railroad in the course thereof shall cross any private 
way, the said corporation shall so construct said railroad as not to obstruct 
the safe and convenient use of such private way; and if the said railroad 
shall in the course thereof cross any canal, tuynpike, railroad, or other high- 
way, the said railroad shall be so constructed as not to obstruct the safe and 
convenient use of such canal, turnpike, or other highway; and the said cor- 
poration shall have power to raise or lower such turnpike, highway, or 
private way, so that the said railroad, if necessary, may conveniently pass 


49 


‘ 


under or over the same, and erect such gate or gates thereon as may be 
* necessary for the safety of travellers on said turnpike, railroad, Highways or 
private way. 

Sect. 9. Said railroad corporation shall constantly maintain in good re- 
pair all bridges, with their abutments and embankments, which they may 
construct for the purpose of conducting their railroad over any canal, turn- 
pike, highway or private way, or for conducting such private way or turnpike 
over said railroad. 

Srcr. 10. If said railroads shall in the course thereof cross any tide-waters, 
navigable rivers or streams, the said corporation are hereby authorized and 
empowered to erect, for the sole and exclusive travel on their said railroad, 
a bridge across each of said rivers or streams, or across any such tide-waters : 
Provided, Said bridge or bridges shall be so constructed as not unnecessarily 
to obstruct or impede the navigation of said waters. 

Sor. 11. Said railroad corporation shall erect and maintain substantial, 
legal, and sufficient fences on each side of the land taken by them for their 
railroad, where the same passes through enclosed or improved lands, or lands 
that may hereafter be improved; and for neglect or failure to erect and 
maintain such fence, said corporation shall be liable to be indicted in the 
district court for the county where such fence shall be insufficient, and to be 
fined in such sum as shall be adjudged necessary to repair the same; and 
such fine shall be expended for the erection or repair of said fence under 
the direction of an agent appointed by said court, as in cases of fines im- 
posed upon towns for deficiency of highways. 

Srct. 12. The said corporation shall at all times, when the Postmaster 
General shall require it, be holden to transport the mail of the United States 
from and to such place or places on said road as required, for a fair and 
reasonable compensation. And in case the corporation and the Postmaster 
General shall be unable to agree upon the compensation aforesaid, the leg- 
islature shall determine the same. And said corporation, after they shall 
commence the receiving of tolls, shall be bound at all times to have said 
railroad in good repair, and a sufficient number of suitable engines, car- 
riages, and other vehicles for the transportation of persons and articles, and 

‘be obliged to receive at all proper times and places, and convey the same 
when the appropriate tolls therefor shall be paid and tendered, and a lien is 
hereby created on all articles transported for said tolls. And the said cor- 
poration, fulfilling on its part all and singular the several obligations and 
duties by this section imposed and enjoined upon it, shall not be held or 
bound to allow any engine, locomotive, cars, carriages, or other vehicle for 
the transportation of persons or merchandise to pass over said railroad other 
than its own, furnished and provided for that purpose, as herein enjoined 
and required: Provided, however, That the said corporation shall be under 
obligations to transport over said road, in connection with their own trains, 
the passenger and other cars of any other incorporated company that may 
hereafter construct a railroad connecting with that hereby authorized; such 
other company being subject to all the provisions of the sixth and seventh 
7 


re ke 


50 


sections of this act, as to rates of toll, and all other particulars enumerated 
in said sections. 

Srecr. 13. If any person shall wilfully and maliciously, or wantonly and 
contrary to law, obstruct the passage of any carriage on said railroad, or in 
any way spoil, injure, or destroy said railroad, or any part thereof, or any 
thing belonging thereto, or any material or implements to be employed in 
the construction or for the use of said road, he, she, or they, or any person 
or persons assisting, aiding, or abetting such trespass, shall forfeit and pay 
to said corporation for every such offence treble such damages as shall be 
proved before the justice, court or jury before whom the trial shall be had, 
to be sued for before any justice or in any court proper to try the same, 
by the treasurer of the corporation, or other officer whom they may direct, 
to the use of said corporation. And such offender or offenders shall be 
liable to indictment by the grand jury of the county, within which trespass 
shall have been committed, for any offence or offences contrary to the above 
provisions; and upon conviction thereof before any court competent to try 
the same, shall pay a fine not exceeding five hundred dollars, to the use of 
the State, or may be imprisoned for a term not exceeding five years, at the 
discretion of the court before whom such conviction may be had. 

Srctr. 14. Said corporation shall keep in a book for that purpose a regu- 
lar account of all their disbursements, expenditures and receipts, and the 
books of said corporation shall at all times be open to the inspection of the 
governor and council, and of any committee duly authorized by the legisla- 
ture ; and at the expiration of every year the treasurer of said corporation 
shall make an exhibit, under oath, to the legislature, of the net profits 
derived from the income of said railroad. 

Sect. 15. All real estate purchased by said corporation for the use of the 
same under the fifth section of this act shall be taxable to said corporation 
by the several towns, cities, and plantations in which such lands lie, in the 
same manner as lands owned by private persons, and shall, in the valua- 
tion list, be estimated the same as other real estate of the same quality in 
such town, city or plantation, and not otherwise; and the shares owned by 
the respective stockholders shall be deemed personal estate, and be taxable 
as such to the owners thereof, in the places where they reside and have 
their home. And whenever the net income of said corporation shall have 
amounted to ten per centum per annum upon the cost of the road and its 
appendages and incidental expenses, the directors shall make a special 
report of the fact to the legislature; from and after which time one 
moiety, or such other portion as the legislature may from time to time 
determine, of the net income of said railroad accruing thereafter over and 
above ten per centum per annum first to be paid to the stockholders, shall 
annually be paid over by the treasurer of said corporation, as a tax, into 
the treasury of the State for the use of the State. And the State may have 
and maintain an action against said corporation therefor, to recover the 
same. But no other tax than herein is provided shall ever be levied or 
assessed on said corporation, or any of their privileges or franchises. 


51 


Srcr. 16. The annual meeting of the members of said corporation shall 
be holden on the last Wednesday in July, or such other day as shall be 
determined by the by-laws, at such time and place as the directors for 
the time being shall appoint; at which meeting the directors shall be 
chosen by ballot, each proprietor by himself or proxy being entitled to 
as many votes as he holds shares; and the directors are hereby author- 
ized to call special meetings of the stockholders whenever they shall deem 
it expedient and proper, giving such notice as the corporation by their 
by-laws shall direct. 

Sect. 17. The legislature shall at all times have the right to inquire into 
the doings of the corporation, and into the manner in which the privileges 
and franchises herein and hereby granted may have been used and em- 
ployed by said corporation, and to correct and prevent all abuses of the 
same, and to pass any laws imposing fines and penalties upon said corpo- 
ration, which may be necessary more effectually to compel a compliance 
with the provisions, liabilities, and duties hereinbefore set forth and en- 
joined, but not to impose any other or further duties, liabilities, or obli- 
gations. And this charter shall not be revoked, annulled, altered, limited, 
or restrained without the consent of the corporation, except by due process 
of law. 

Sect. 18. If the said corporation shall have not been organized, and 
the location according to actual survey of the route filed with the county 
commissioners of the counties through which the same shall pass, on or 
‘before the thirty-first day of December, in the year of our Lord one 
thousand eight hundred and fifty-five, or if the said corporation shall fail 
to complete said railroad on or before the thirty-first day of December, 
in the year of our Lord one thousand eight hundred and sixty-five, in 
either of the above-mentioned cases this act shall be null and void. 

Sect. 19. Said company shall not engage in nor commence the construc- 
tion of any section or sections of said railway until seventy-five per centum 
of the estimated cost of said section or sections shall have been subscribed 
for by responsible persons. 

Secr. 20. If the provinces of New Brunswick and Nova Scotia, or either 
of them, shall, in any legal way and manner, constitute this company a com- 
pany within its limits and jurisdiction, this company is hereby authorized and 
empowered to exercise within said limits and jurisdiction of such province 
all the rights and powers, and shall have and enjoy all the privileges and 
immunities which it could have, exercise, or enjoy within this State. 

Srcr. 21. The said European and North American Railway Company are 
hereby authorized and empowered to contract with the government of the 
United States, and any foreign government or power, for the carrying of 
the mail of any such government or power, over or within any of the terri- 
tories where said company may exercise or enjoy any of the powers, privi- 
leges, or immunities herein granted to it. | 

Approved August 20, 1850. 


52 


STATE OF MAINE.—IN THE YEAR OF OUR LORD ONE 
THOUSAND EIGHT HUNDRED AND FIFTY. 


AN ACT concerning the European and North American Railway Company. 


Be it enacted by the Senate and House of Representatives in legislature assem- 
bled, as follows : 


In case the European and North American Railway Company shall be 
constituted a corporation in the provinces of New Brunswick and Nova 
Scotia, or either of them, then, and in that case, the said company may be 
allowed to increase its capital stock, in shares of one hundred dollars each, 
to-an amount equal to the cost of constructing said road, so incorporated 
and constituted, not exceeding the number of one hundred and fifty thousand 


shares in all. 


Approved August 27, 1850. 


STATE OF MAINE.—IN THE YEAR OF OUR LORD ONE 
THOUSAND EIGHT HUNDRED AND FIFTY-THREE. 


AN ACT to provide for certain railroad connections for the European and 
North American Railway Company. 


Be it enacted by the Senate and House of Kepresentatives in legislature 
assembled, as follows: 


Section 1. The European and North American Railway Company is 
hereby authorized to connect its railroad, at Bangor, with the Penobscot and 
Kennebec railroad, upon such terms and arrangements that all passengers, 
merchandise, and property coming from or destined to the road of the said 
European and North American Railway Company, shall be transported 
over said Penobscot and Kennebec railroad at rates of fare and freight as 
favorable as shall at the same time be established or allowed by said Penob- 
scot and Kennebec Railroad Company for any other passengers, merchan- 
dise, or property transported over the road of said company. 

Sror. 2. Any railroad company which has been or may hereafter be char- 
tered by the legislature, with authority to extend its road to any point on 
the chartered route of the Penobscot and Kennebec railroad, shall be at 
liberty to connect its road with said Penobscot and Kennebec railroad, 
_upon either side thereof; and all passengers, merchandise or other property, 
coming from or destined to such connecting road, shall be transported over 
said Penobscot and Kennebec railroad, to or from the point of connection, 
at rates of fare and freight as favorable as shall at the same time be estab- 
lished or allowed by said Penobscot and Kennebec Railroad Company for 


53 


any other passengers, merchandise or property transported over the road 
of said company. 

Sxcr. 3. All passengers, merchandise and property transported over any 
connecting road mentioned in the two preceding sections, coming from or 
destined to the Penobscot and Kennebec railroad, shall be carried, received 
and delivered by such connecting company, at rates of fare and freight as 
favorable as shall at the same time be established or allowed by such con- 
necting company for any other passengers, merchandise or property trans- 
ported over such connecting road. i 

Srcr. 4. If any of the connecting companies aforesaid shall be unable to 
agree with the Penobscot and Kennebec Railroad Company, in respect to 
the place or manner of connection with said railroad, or in respect to the 
terms of such connection, or the rates of fare and freight thereon, both for 
local and through business, or the division of receipts resulting from trans- 
portation over the roads so connected, either party may apply to the supreme 
judicial court, holden at any term, within any county in which either of such 
connecting roads shall be located, for the appointment of commissioners, to 
determine upon the matter of such disagreement. Such notice of said appli- 
cation shall be given to the other party as the court may direct, and there- 
upon the court shall appoint three commissioners, who shall, upon due notice 
to the parties interested, and after hearing the same, proceed to determine 
an award, in writing, upon the matter submitted to them, and prescribe the 
things to be done and performed by the parties, or either of them; and said 
commissioners shall award costs to either party at their discretion. The 
award of said commissioners, or a majority of them, shall be returned to the 
court, in the county where the application was made, and the same shall 
then be accepted and recorded, unless the court, for cause shown, shall 
order the same to be recommitted, for further hearing and determination. 
And upon the acceptance of such award, the same shall be binding upon the 
respective companies interested in the same, until a new award shall be 
made upon a further application therefor; but no application for a further 
award shall be made within one year after the acceptance of a preceding 
award. 

Sect. 5. The court shall have the power to prescribe the mode of pro- 
ceeding by said commissioners, and may issue all such process as may be 
necessary to secure the due execution and performance of any award made 
and accepted under the provisions of this act. 

Sect. 6. The capital stock of the European and North American Railway 
Company may be divided into not less than one thousand, nor more than 
one hundred and fifty thousand shares, of twenty pounds sterling each, or 
one hundred dollars each, as said company may elect; and said company 
may issue its bonds in sterling currency in the same manner as is now 
authorized by law. 

Secor. 7. The European and North American Railway Company is hereby 
authorized to purchase or lease any portion of any other railroad which has 
been chartered and located, or may hereafter be located, between the city 


o4 


of Bangor and the eastern boundary of the State, and may purchase or 
lease the Penobscot and Kennebec railroad, so as to form a connected line 
of road from the boundary aforesaid to the western terminus of said Penob- 
scot and Kennebec railroad. And in case of any such purchase, the stock 
and franchise of the company whose road shall be so purchased shall be 
consolidated into, and become a part of, the stock and franchise of the 
European and North American Railway Company; and all the privileges 
and powers acquired by such purchase shall be held and enjoyed under the 
charter of said company, and said, company shall be required to perform and 
discharge all the duties and liabilities imposed by law upon the company 
whose road shall be so purchased. 

Srcr. 8. A further time of one year from the passage of the act is hereby 
granted, within which the said Penobscot and Kennebec Railroad Company 
may make a new location of any part of their road between Waterville and 
Bangor, but not so as to cross the Kennebec river at any point farther north 
than the present actual location of its road, at Kendall’s Mills. 

Sect. 9. This act shall take effect from and after its approval by the 
governor. 


Approved March 29, 1853. 


AN ACT to revive the charter of the European and North American 
Railway Company, and to extend the time for locating and 
building the same. 


Be it enacted by the Senate and House of Representatives in legislature 
assembled, as follows: 


The charter of the European and North American Railway Comparty is 
hereby revived, and a further time of five years from the thirty-first day of 
December, eighteen hundred and fifty-five, is hereby allowed within which 
to organize said company and file the location of said railway ; and a further 
time of five years within which to complete said railway, in addition to the 
time originally allowed by law. 

Approved February 20, 1856. 


AN ACT to extend the time for completing the European and North 
American Railway. 


Be it enacted by the Senate and House of Representatives in legislature 
assembled, as follows: 


That a further time of five years from the last day of December, eighteen 
hundred and sixty-five, is hereby allowed in which to finish and complete the 
European and North American Railway. 

Approved March 25, 1863. 


50 


AN ACT authorizing the further extension of the European and North 
American Railway. 


Be it enacted by the Senate and House of Representatives in legislature 
assembled as follows : 


Section 1. The European and North American Railway Company is 
hereby authorized to enter into contract with the Maine Central Railroad 
Company for operating its line of railway as built, and the Maine Central 
Railroad Company is hereby authorized to contract for this purpose with 
said railway company, and to run its engines and cars over said line; and 
the directors of the two companies may enter into a contract for the pur- 
pose aforesaid, on such terms and conditions as may, in the judgment of the 
directors, be for the mutual advantage of the two companies, subject to 
the approval of the stockholders of each corporation. 

Sror. 2. The European and North American Railway Company shall 
have a further time of one year within which it may make a new location of 
any part of its line, but not to change its general route from Bangor to the 
~ mouth of the Mattawamkeag river, with the right to pass on either side of 
the Penobscot river, from Oldtown to Lincoln, and to extend a branch line 
to the Penobscot boom, crossing any of the islands in the Penobscot river 
above the Cook or Steamboat channel, between Oldtown and Orson islands ; 
and said railway company may extend a branch of its line to the slate 
quarries in the valley of the Pleasant river, at Brownville, and to the 
Katahdin Iron Works, from any point on their line between Oldtown and 
Lincoln. From the mouth of the Mattawamkeag river east and northeast, 
the said railway company may have a further time of two years in which it 
may file a new location of its lme to the boundary in the most direct line to 
St. John city, in New Brunswick. 

Secor. 3. Said railway company may extend a branch line of its railway 
from some point on its line east of the mouth of the Mattawamkeag to 
Houlton, and to the northern boundary of the State, with a branch line 
to Woodstock and to the St. John river, at Woodstock village; provided 
authority therefor be granted by the legislative authorities of New 
Brunswick. 

Srct. 4. The European and North American Railway Company may 
lease its line of railroad, or enter into and execute a contract in the nature 
of a lease, such as will enable the lessees thereof to maintain and operate, 
by means of said railway and other roads in extension of the same, a con- 
nected line of railway from Bangor to Halifax, in the province of Nova 
Scotia; and said European and North American Railway Company, under 
the authority of its charter, may purchase any existing lines of railway 
between the city of Portland and the city of Halifax, or take a lease thereof 
of any one or more of them. But nothing contained in this act, or any 
lease or contract that may be made under the authority of the same, shall 
exonerate said company or the stockholders thereof from any duties or 


56 


2 


liabilities imposed upon them by the charter of said company or the general 
laws of the State, nor shall any thing herein contained in any manner limit 
or circumscribe any power of the legislature of this State to enact laws 
affecting the rights, privileges or duties of said company; and a majority 
of the directors of said company shall always be citizens of this State, and 
said company shall always keep their office and books in this State. 

Secr. 5. Whereas the European and North American Railway Company 
has acquired the rights, franchises, road-bed, right of way and all other 
property of the Penobscot Railroad Company, it is hereby enacted that said 
European and North American Railway Company shall have the right to 
enjoy the property, road-bed, rights of way and the rights in land purchased 
by said Penobscot Railroad Company for road-bed, depots and other cor- 
porate purposes, and all rights of said Penobscot Railroad Company in- 
cipient or perfect, of locating and establishing its road on lands of other 
persons, and all its road-bed, rock-cuttings, excavations, embankments, 
gradings, bridges, piers, abutments or other structures or works, as an 
inherent part of its own franchise and property ; and the location of the line 
of the European and North American Railway Company, made or to be 
made over and upon the line of said Penobscot railroad as built, shall not 
give any new claim of damages to the owners of lands whose property was 
taken by the location of the Penobscot railroad, in all cases where said 
Penobscot Railroad Campany has paid the land damages prior to any use 
thereof by said European and North American Railway Company ; the rights 
and properties held by said Penobscot Railroad Company shall hereafter be 
vested in said European and North American Railway Company and shall 
remain in full force and efficiency, unannulled and unimpaired by any sub- 
sequent defeat or dissolution of the Penobscot Railroad Company, whether 
by limitation of the time in which the road should be completed, or by any 
other means. And all bonds of the Penobscot Railroad Company taken up 
for a valuable consideration, and held by the European and North American 
Railway Company, shall be valid in the hands of said railway company as 
holders thereof as a basis of title, but for no other purpose; and no bond 
of said Penobscot Railroad Company shall be negotiable for any other pur- 
pose after the expiration of the charter of said company, or of any validity 
other than for the purpose above set forth. Nor shall said European and 
North American Railway Company be in any manner liable for any debt of 
said Penobscot Railroad Company on account of the purchase thereof as 
aforesaid. And the directors of the Penobscot Railroad Company may exe- 
cute any other and further-instrument of lease, transfer, or other conveyance 
to said European and North American Railway Company to carry into effect 
the intentions and purposes of this act. And the proceedings of the two 
corporations aforesaid are hereby declared :valid, in case of their approval 
by the stockholders of the two corporations. And section eighteen of an 
act approved August second, eighteen hundred and forty-seven, entitled 
«¢ An act to establish the Bangor and Orono railroad,” which title was, by 
an additional act approved August twenty-first, eighteen hundred and fifty, 


57 


charged to the Penobscot Railroad Company, be, and the same is hereby 
repealed; and any transfer of its road-bed, right of way, or other property, 
or of its powers, privileges, and immunities by said corporation, by lease or 
sale to the European and North American Railway Company, which transfer, 
made or to be made, is hereby authorized, shall not operate to extinguish 
said Penobscot Railroad Company or to annul its charter; but it shall be 
regarded as still subsisting so far as its continuance for the purpose of up- 
holding any right, title or interest, power, privilege or immunity ever pos- 
sessed, exercised, or enjoyed by it, may be necessary for the protection of 
the European and North American Railway Company, its exercise of the 
powers, and its enjoyment of the privileges and immunities so transferred 
being suspended, so long as the European and North American Railway 
Company shall exercise and enjoy them. 

Srcr. 6. The European and North American Railway Company shall be 
at all times subject to such general laws in relation to railroads as have 
been or may be hereafter enacted by the legislature of this State. 

Sxcr. 7. In the construction of a bridge across the Kenduskeag stream, 
the said railway shall conform to such plans and regulations for the building 
of said bridge, and of two draws or a pivot draw, for the passage of vessels 
through said bridge, and for the future management thereof at the ex- 
pense of the company, as shall be prescribed by the board of railroad com- 
missioners. 

Srcr. 8. In all cases where the said European and North American Rail- 
way Company has taken six rods in width by the location of their line, and 
have or may hereafter release a portion of the lands, wharves or flats so 
taken, such release shall not impair their location, though a less width than 
six rods is retained for the use of said railway. 

Sect. 9. If the line of the European and North American Railway Com- 
pany is not built to Lincoln within three years from the date of the approval 
of this act, and completed to the boundary of New Brunswick within the 
time limited therefor by law, December thirty-one, eighteen hundred and 
seventy, this act and the charter of said company shall be null and void. 

Srcr. 10. This act takes effect on its approval by the governor. 

Approved February 20, 1864. 


AN ACT to provide means for the defence of the northeastern frontier. 


Be tt enacted by the Senate and House of Representatives in legislature assem- 
bled, as follows : 


Srction 1. Whereas the legislature of Maine, by resolves unanimously 
adopted, and approved by the governor on the thirty-first day of January, 
in the year of our Lord one thousand eight hundred and sixty-three, asked 
protection of the United States government in the language following: 
‘* Maine expects and earnestly demands that measures be taken at once by 

8 


58 


the general government for the protection of its northeastern frontier, and 
that this can be accomplished only by a military railroad from Bangor to the 
St. John river,” it is hereby enacted, that, to aid in the construction of such 
a line of railway, the proceeds of the sale of timber on ten townships of the 
public lands of this State, which townships shall be designated under the 
direction of the governor, State treasurer and land agent, who are consti- 
tuted a board for this purpose, shall be paid into the treasury of the State 
for the use of the European and North American Railway Company, upon 
the terms and conditions hereinafter expressed; and the timber on these 
ten townships shall be advertised in a newspaper having the largest circula- 
tion in the counties where located, and three months in two newspapers hav- 
ing the largest circulation in the cities of Portland and Bangor. Sealed 
proposals will be received by the governor, State treasurer and land agent, 
and arecord of the proposals be made and kept in the land office, which 
shall be open to any one after the day of sale, and said sale shall be in one- 
eighth sections of townships ; and all moneys, securities or lands received on 
account of the claims of Maine upon the United States government which 
accrued prior to eighteen hundred and sixty-two, viz: the claims for interest 
on moneys heretofore received from the United States for the value of the 
lands assigned to occupants under the fourth article of the treaty of Wash- 
ington, and for timber cut on the territory formerly in dispute between the 
United States and Great Britain, after deducting the expenses of obtaining 
the same, shall be paid into the treasury of the State, for the use of the Eu- 
ropean and North American Railway Company, on the terms and conditions 
hereinafter expressed. 

Sect. 2. As soon as said railway company shall have constructed and com- 
pleted its line by the running of cars from Bangor to Lincoln, and have noti- 
fied the governor of the State of that fact, and that said company has located 
its line to the boundary of New Brunswick, and is ready to proceed with the 
further construction of said railway, it shall be lawful for the governor to 
approve of said location, and to notify said company of the same, and there- 
upon the said company shall be entitled to the benefit of the provisions of 

-this act; and thereafter, as soon as said company shall construct and com- 
plete, by the running of cars, ten additional miles of railway from Lincoln 
toward the mouth of the Mattawamkeag, the governor shall pay over to said 
company such sum as may then be in the hands of the treasurer derived 
from the proceeds of such sales of timber; and of such claims, at the rate 
of ten thousand dollars per mile for said ten miles, or pro rata for any sum 
then in hand less than at the rate of ten thousand dollars per mile, and so 
on from time to time at the same rate of ten thousand dollars per mile, or 
pro rata as fast as an additional ten miles is completed, until the line shall 
be completed from Bangor to the boundary line of New Brunswick; and as 
soon as said railway company shall locate a line from some point in em- 
branchment thereof in a northerly direction toward the Aroostook river, 
and complete ten miles from said main line by the running of cars thereon, 
the governor shall pay to said company at the rate of ten thousand dollars 


09 


per mile, or pro rata for each mile of railway so built and completed from 
their main line in a northerly direction, from the proceeds of the lands and 
claims hereinbefore set forth; and so on from time to time as an additional 
ten miles shall be completed by the running of cars, until the entire line of 
said railway shall be completed to the northern boundary of the State, with 
a branch line to the St. John river at Woodstock. 

Srcr. 3. In case the Commonwealth of Massachusetts shall assign and 
transfer to the European and North American Railway Company, or to the 
State of Maine in trust for said company, the claims jointly held by her 
with Maine against the general government, to aid the construction of said 
railroad, and also release and discharge, or assign and tran$fer the balance 
due from the State of Maine for the purchase of her interests in the public 
lands lying in Maine, under date October fifth, eighteen hundred and fifty- 
three, it shall be lawful for the governor, State treasurer and land agent to 

‘transfer to said company all the public lands lying on the waters of the Pe- 
nobscot and St. John rivers, for the uses and purposes set forth in this act: 
Provided, however, That there shall be excepted from said conveyance, and 
from the operations of this act, all timber and lumber and lands granted or 
voted by the present or any preceding legislature, reserving to the State the 
right to locate such grants within the present year of our Lord eighteen 
hundred and sixty-four, or within the time or times limited therefor in the 
several acts or resolves granting the same, all lands heretofore reserved or 
set apart for public schools, and all lands set apart and designated for set- 
tlement under existing laws; and all the lands set apart for the purposes of 
settlement shall be sold to settlers, upon the same terms and conditions, by 
the land agent, as is now authorized by law. And it is further provided, 
that all lands conveyed to said company under this act, which are, in the 
opinion of the governor, State treasurer and land agent, suitable for settle- 
ment, shall be surveyed into lots by said company, of suitable sizes, for the 
purposes of settlement, not exceeding one hundred and sixty acres to any 
one lot, which lands shall be open to settlers, at a price not exceeding one 
dollar per acre, on condition of a continued residence thereon for five years, 
and performance of such settling duties as are now required by the State. 
And said company is charged with the duty of encouraging immigration into 
the State, and shall be required to appoint a suitable emigrant agent, and 
annually publish such plans, statements and other information as shall give 
to the public a better knowledge of the extent, value and situation of the 
public lands of Maine, now open for settlement, and cause this informution 
to be printed in our own and other languages, and distributed into other 
States of this Union, and into foreign lands. And the legislature of this 
State shall have the right at all times to inquire into the manner in which 
trusts are executed, and to pass any laws that may be necessary, and to im- 
pose fines and penalties to secure a compliance with the provisions, liabilities 
and duties hereinbefore set forth and enjoined: Providing and excepting, 
That no lands belonging to the State of Maine, lying within the county of 
Piscataquis, shall be taken by virtue of this act for the purpose of aiding in 


60 


the construction of the trunk line of the European and North American 
Railway ; but that all of said lands lying in said county of Piscataquis 
shall be and are hereby appropriated under the limitations and restrictions 
relating to other lands herein granted, and shall be applied im aid of the 
construction of a branch of said railway extending to the slate quarries in 
the valley of the Pleasant river, at Brownville, and to the Katahdin Iron 
Works, from any point on the line of said railway between Oldtown and 
Lincoln, as provided in section two of ‘‘ An act authorizing the further ex- 
tension of the European and North American neta, passed at the pres- 
ent session of the legislature. 

Sect. 4, All benefits of this act shall be forfeited by said European and 
North American Railway Company, upon the appropriation and use of the 
proceeds of timber or lands hereby granted to any other purpose than the 
construction of the main line of said railway or branches into Aroostook 
and Piscataquis counties. 

Sect. 5. This act shall take effect on its approval by the governor. 

Approved March 24, 1864. 


AN ACT to extend the time for completing the European and North 
American Railway, and to enlarge its powers. 


Be it enacted by the Senate and House of Representatives in legislature 
assembled, as follows: 


Srcrion 1. A further time of one year in addition to the time specified in 
the act approved Feb. 20, 1864, entitled ‘‘An act authorizing the further 
extension of the European and North American Railway,” is hereby allowed 
to the European and North American Railway Company for the construction 
of its line of railway to the town of Lincoln. 

Sect. 2. During the period aforesaid, the said company may alter or 
amend any part of its location between Bangor and Lincoln, subject to the 
provisions and regulations of the statutes of this state in relation to the loca- 
tion of railways and the damages occasioned thereby. 

Sect. 3. A further time of two years in addition to the time now limited 
by law, is hereby allowed for the completion of said line of railway to the 
boundary of New Brunswick, and all rights, privileges and grants here- 
tofore appertaining to said company, are hereby continued for the extended 
times aforesaid. 

Sect. 4. The said corporation may enter into contracts for the construc- 
tion and completion of any connecting lines of railway which have been, or 
which may hereafter be, authorized by law within the provinces of New 
Brunswick or Nova Scotia; and may also acquire, by lease or purchase, 
any such connecting lines as aforesaid; and for the purposes aforesaid, may 
issue the bonds or other evidences of debts of the said corporation, and 
secure the same by mortgage of its railway and appurtenances, or by mort- 


61 


gage of the railway and appurtenances of any such connecting line or lines 
of, railway; and for such purposes may increase its capital stock, by vote of 
its stockholders, to an amount not exceeding $5,000,000. 

Sxcr. 5. The said corporation may hold timber and lands, by grants from 
the State of Maine, in accordance with the provisions of the act approved 
March 24, 1864, entitled ‘‘ An act to provide means for the defence of the 
northeastern frontier,” and may sell and convey the same for the purpose 
of raising money for the construction of its main line of railway in this state, 
or the branches thereof mentioned in the said act, and may convey the same 
in mortgage to trustees as security for bonds or certificates of indebtedness 
issued for the purpose aforesaid, and may create by deed such trusts as may 
be deemed necessary to secure the accomplishment of the object contem- 
plated by the said act; and all lands so held shall be subject to the disposal 
by trustees or by said corporation as may be provided in such deed of trust, 
and the said lands may be disposed of by sale under any such mortgage as 
aforesaid, separated from the road-bed, track and franchise of the corpora- 
tion, without in any way affecting the title to said railroad. And in case of 
any failure to fulfil the conditions of any such mortgage of said lands on the 
part of the said corporation, it shall be lawful for the holders of one-fifth of 
the mortgage construction land-bonds of the said corporation to call upon 
the trustees to foreclose the said mortgage; and it shall be the duty of the 
said trustees, or a majority of them, to make sale of all such lands to the 
highest bidder, after’six months’ notice, and apply the proceeds to the pay- 
-ment of the bonds so secured on said lands; and any balance, after paying 
said bonds and interest in full, and all expenses of such proceedings, shall 
be paid into the treasury of the said corporation; and, in case the proceeds 
of such sale shall be insufficient for the payment of the said bonds in full, 
the said sale and transfer of said lands shall in nowise vitiate or impair the 
security of said bonds and mortgage on the railroad of the said corporation. 

Srcr. 6. This act shall take effect when approved by the governor. 

Approved February 21, 1866. 


AN ACT to extend the time for the completion of the European and 
North American Railway to Lincoln, and to amend its location. 


Be it enacted by the Senate and House of Representatives in legislature 
assembled, as follows: 


Section 1. A further time of two years from the twenty-first day of Feb- 
ruary, eighteen hundred and sixty-eight, is hereby allowed to the European 
and North American Railway Company within which to complete its line of 
railway to the town of Lincoln. 

Sxcr. 2. Said railway company may have a further time of one year 
from and after the approval of this act by the governor to alter and amend 


62 


any part of its location between the town of Lincoln, through the village of 
Winn, to the eastern boundary of the state, subject to the provisions and 
regulations of the statutes of the state relating to the location of railways 
and the adjustment of damages occasioned thereby. Nothing ‘in this act 
shall be construed to relieve said company from constructing said railroad 
to the village of Winn. 

Srct. 8. This act shall take effect when approved. 

Approved February 20, 1868. 


AN ACT to authorize the city of Bangor to loan its credit to aid in the 
construction of the European and North American Railway. 


WuHeEnrEas, Two acts have heretofore been passed and are now in force, 
each authorizing the city of Bangor to loan its credit to the amount of five 
hundred thousand dollars to the European and North American Railway 
Company, in aid of the construction of their railroad; now, for the purpose 
of consolidating said loans, rendering but one mortgage necessary for the 
security of said city and for other purposes, 


Be it enacted by the Senate and House of Representatives in legislature 
assembled, as follows: 


Section 1. The city of Bangor is hereby authorized to loan its credit to 
the European and North American Railway Company in aid of the con- 
struction of their railroad, not exceeding, however, one million dollars, 
upon their compliance with the following terms and conditions: 

Sect. 2. If this act shall be accepted, as hereinafter provided, and said 
company shall, within one year from its approval, finish and complete their 
line of railway from the depot of the Maine Central Railroad, in the city of 
Bangor, to Milford village, to the approval of the mayor and.aldermen for 
the time being of the said city, as a first-class railroad, and shall have 
acquired the right of way according to law, by payment of awards and other 
land damages, or by a deposit of the amount thereof with the clerk of the 
courts, as by law required, then such fact shall be certified by said mayor 
and aldermen to the treasurer of said city, and he shall forthwith issue to 
the directors of said company, for the purpose of building and completing 
said road to Winn, the scrip of said city to the amount of one hundred and 
fifty thousand dollars; and on the completion of said road in the direction 
of Winn to a point ten miles above Milford village, and payment of damages 
or deposit thereof by said company, as aforesaid, and approval by the mayor 
and aldermen of said city for the time being, they shall certify that fact to 
the city treasurer, who shall forthwith issue to the directors of said company 
an additional sum of one hundred thousand dollars of the scrip of said city, 
for the purposes aforesaid; and on the completion of said road to Passa- 
dumkeag stream, and payment of damages, or deposit thereof by said 


+ Be 


65 


company, as aforesaid, and approval by the mayor and aldermen of said 
city for the time being, they shall certify that fact to the city treasurer, who 
shall forthwith issue to the directors of said company an additional sum of 
one hundred thousand dollars of the scrip of said city for the purposes 
aforesaid ; and on the completion of said road to Lincoln village, and pay- 
ment of damages or deposit thereof by said company, as aforesaid, and 
approval by the mayor and aldermen of said city for the time being, they 
shall certify that fact to the city treasurer, who shall forthwith issue to the 
directors of said company an additional sum of three hundred and fifty 
thousand dollars of the scrip of said city for the purposes aforesaid; and on 
the completion of said railway to the Tannery village, or to a point near to 
the same in the town of Winn, opposite to the Five Islands in Penobscot 
river, and payment of land damages or deposit thereof, as aforesaid, by said 
company, within two years from the approval of this, act, to the approval of 
the mayor and aldérmen of said city for the time being, they shall certify 
that fact to the city treasurer, who shall forthwith issue to the directors of 
said company an additional sum of three hundred thousand dollars of the 
scrip of said city. 

All of said scrip shall be signed by the city treasurer and countersigned 
by the mayor for the time being; be issued in sums not less than one 
hundred dollars, nor more than five thousand dollars each, with coupons 
for interest attached, payable semi-annually, payable to the holder thereof 
in Bangor, Boston or New York, the principal payable in twenty-five years 


from the date of the first issue of scrip under this act; provided the whole 


amount of scrip issued under this act shall not exceed the sum of one million 
dollars; and each issue of said scrip shall bear date of the certificate of the 
mayor and aldermen to the city treasurer, on the receipt of which he is 
authorized to issue the same, and all shall be secured by the bond and 
mortgage hereinafter mentioned, which shall be executed and delivered to 
the city treasurer on the first issue of said scrip. 

Sect. 38. Concurrent with the first issue and delivery of said scrip as 
aforesaid, the president and directors of said company, in their official 
capacity, shall execute and deliver, or cause to be executed and delivered, 
to the said treasurer the bond of said company, the penal sum in said bond 
to be double the amount of scrip authorized to be issued by this act; said 
bond shall be made payable to said city, and shall be conditioned that said 
company will duly pay the interest on such scrip of said city as shall be 
issued under and by virtue of this act, and also the principal thereof, 
according to the tenor of the scrip, and in all respects will hold and save 
harmless the said city on account of the issue of the same; the said presi- 
dent and directors of said company shall also, in case of the issuing of the 
scrip of said city as provided in section two of this act, and simultaneously 
therewith, make, execute and deliver, or cause to be made, executed and 
delivered to the said city treasurer, the scrip of said company, payable to 
the holder thereof, at the same time and for the same amount as the scrip 
then issued by said treasurer to said company, with like coupons for the 


64 


interest attached, which said scrip shall be held by said city as collateral 
security for the fulfilment of the conditions of the said bond; and in default 
of any one of said conditions, said city may from time to time sell said scrip, 
or any portion thereof, by public auction or auctions, in the cities of Bangor, 
Boston or New York, or either of them, after sixty days’ notice, in writing, 
to the president or one of the directors, or any three of the stockholders of 
said company, naming therein the time and place of sale. The net proceeds 
of all such sales shall be indorsed on said bond. 

Sect. 4. The'president and directors of said company are hereby’ au- 
thorized, and it shall be their duty, in their official capacity, upon the receipt 
of the first issue of said city scrip, and upon the delivery of their bond to 
said city to secure the payment of the same, to execute and deliver, or cause 
to be executed and delivered, to the city treasurer, a mortgage of their rail- 
road, from its terminus in Bangor to said Tannery village, or near thereto 
in the town of Winn, to and including a depot and turn-table there, and all 
the land and personal property held and used by said company for the con- 
struction and working of said road between said two points, with all the 
fixtures, appendages and appurtenances thereof, and the whole franchise of 
said company to the line of the state, without |prior incumbrance, also all 
the rolling stock which shall be owned by said company on said road 
through its entire extent from Bangor to the east line of the state ; provided 
however, if said road shall be built by said company from said town of Winn 
to the east line of the state, and furnished and equipped with sufficient 
rolling stock for operating the same, and the city of Bangor shall take 
possession of the mortgaged portion of said road under any provisions of 
this act; then one-third of all the rolling stock of said company shall be 
released by said mortgagees and set out on demand of said company by the 
railroad commissioners for time being, who shall also determine upon the 
sufficiency of said stock as aforesaid. Said mortgage shall be executed 
according to the laws of this state, and shall be in due and legal form, and 
contain apt and sufficient terms to secure the said city the fulfilment of all 
the conditions in said bond contained. Said bond and mortgage shall be 
recorded in the registry of deeds of the county of Penobscot, which shall 
be sufficient to protect the rights of said city, and no other recording shall be 
required. 

Srct. 5. For the purpose of foreclosing said mortgage for conditions 
broken, it shall be sufficient for the said mayor and aldermen to give notice 
according to the mode prescribed in the revised statutes for the foreclosure 
of mortgages, by publication of notice thereof, which may be published in a 
newspaper printed in Bangor, and a record thereof may be made within 
thirty days after the date of the last publication in the registry of deeds for 
the county of Penobscot, which publication and record shall be sufficient 
for the purpose of such foreclosure. Upon the expiration of three years 
from and after such publication, if the condition of said mortgage shall not 
within that time have been fulfilled, the foreclosure shall be complete, and 
shall make the title to said franchise, and to all the property covered by 


65 


said mortgage, absolute in said city. And said city, its successors and 

assigns, shall thereupon be constituted a company incorporated and char- 
tered as of the day of the completion of the foreclosure, and shall have and 
possess all legal rights, powers, and immunities which pertained to said 
original company at the time of said foreclosure, except so far as the exer- 
cise and enjoyment of the same may be necessary to the corporation for the 
convenient and profitable management and control of that part of said road 
not included in the mortgage to the city, which excepted rights, powers and 
imniunities shall be retained by the said company or its assigns. 

Sect. 6. If the directors of said company shall at any time neglect or 
omit to pay the interest which may become due upon any portion of the 
scrip issued and delivered under the provisions of this act, or to pay the 
principal as it shall become due, or to comply with any of the conditions of 
said bond, the city of Bangor may take actual possession, in the manner 
hereinafter provided, of said franchise and of that part of said railroad, and 
of all the property real and personal of the company which is covered by 
said mortgage, and may exercise all the rights, privileges and powers 
conferred on said company by its franchise, so far as the exercise and 
enjoyment of the same may be necessary to the convenient and profitable 
management and control of that part of said road mortgaged to the city, 
not interfering, however, with the exercise and enjoyment by said company 
or its assigns of the like rights, privileges and powers under said franchise 
in the working and management of that part of the road not mortgaged to 
said city, and may hold the same, and apply the income thereof to make up 
and supply such deficiency and all further deficiencies that may occur while 
the same are so held, until such deficiencies are fully made up and dis- 
charged. A written notice, signed by the mayor and a majority of the 
aldermen of said city, and served upon the president or treasurer, or any 
director of the company, or if there are none such, upon any stockholder of 
the company, stating that the city thereby takes <ctual possession of said 
franchise and of that part of the line of the railroad, and of all the property 
of said company, real and personal, which is covered by said mortgage, 
shall be a sufficient actual possession thereof, and shall be a legal transfer 
of all the same, for the purposes aforesaid, to the city, and shall enable said 
city to hold the same, including all the fuel, oil and tools of said company 
covered by said mortgage, and all of said rolling stock, against any other 
claims thereon until such purposes have been fully accomplished; provided 
however, if said company shall furnish and equip the whole line of said road, 
as provided in section four of this act, said city shall, after having taken 
possession of said rolling stock, set out one-third part of the same to said 
company on demand, as provided in said section four. 

Srcr. 7. Said city having taken possession of said mortgaged property in 
the manner and for the purposes provided in section six, shall have author- 
ity and power as fully as a board of directors of said company, for the time 
being, to take charge of and manage said road, to appoint the requisite 
officers and agents and to discharge the same, to fix the rate of fare and 

9 


66 


tolls, subject to the restrictions of the charter of said company, and to de- 
mand and receive the same, with the right to prosecute and defend suits in 
the name of said company, and to do all things which said company itself 
or the directors of said company might or could do; and after paying the 
running expenses, may apply sufficient of the earnings of said road to keep 
it, its building and equipments, in repair, and to- prevent any deterioration 
thereof, and to provide for such new rolling stock as may be necessary, and 
then shall apply the residue of said earnings to the payment of the interest 
coupons and scrip aforesaid ; and whenever said interest and all dishonored 
coupons, scrip or bonds secured by said mortgage shall have been paid, said 
city shall relinquish the control of said road and deliver any property of said 
company in its possession to said company or its assigns; provided, however, 
said city,.or its officers or agents, while operating said road, under the pro- 
visions of this section, shall not be liable except for malfeasance or fraud, 
and shall have the right to apply any proceeds received from the earnings 
of said road, to pay any damages that may or shall arise in the operating 
and managing of said road, for which said city shall be liable in law to third 
parties; and provided further, in case any difficulty shall arise while said 
city is in possession of the mortgaged part of said road, with the company 
or its assigns who may be operating that part of the road not included in 
said mortgage to said city, as to times of running trains, as to making con- 
nections or the proper rate of dividing the through fare, or of running cars 
of one party over that section of the road operated by the other, then such 
difficulty shall be referred to and settled by the railroad commissioners for 
the time being, upon whom is hereby conferred the same powers in relation 
to the said two sections of this road, which they would have, by law, if each 
of these two sections belonged to independent corporations. 

Srcr. 8. For the purposes of effecting the objects prescribed in the two 
preceding sections, the mayor and aldermen may cause a suit in equity to be 
instituted, in the name of the city of Bangor, in the supreme judicial court 
in the county of Penobscot, against said company, directors, or any other 
person, as may be necessary for the purpose of discovery, injunction, account 
or other relief under the provisions of this act, and any judge of the court 
may issue a writ of injunction, or any other suitable process, on any such 
bill, in vacation or in term time, or with or without notice, and the court 
shall have jurisdiction of the subject matter of such bill, and shall have such 
proceedings and make such orders and decrees as may be within the power 
and. according to the course of proceedings of courts of equity, as the neces- 
sities of the case may require. 

Srcr. 9. After said city shall have taken possession of the mortgaged 
property and said franchise under and in accordance with the provisions of 
section six, and while it shall be in the exercise of the power conferred upon 
it by the provisions of section seven, the exercise by the directors of the 
powers conferred upon them by the charter or by-laws, shall be suspended 
so far as this, that any act of theirs that shall hinder, obstruct or impede 
said city in the exercise of any of the powers conferred upon it by the pro- 


67 


visions of sections six and seven, shall, so far as said acts may hinder, 
obstruct or impede, be void and of no effect, and the said city shall 
have the same right to exercise such powers as if no board of directors 
existed. 

Srcr. 10. Three-fourths of the directors of said company shall be resi- 
dent citizens of said city, and three of this number shall be appointed by 
the city council, and shall be chosen annually by the city council in joint 
ballot, before the annual meeting of said company for the choice of their 
officers, who shall have the same authority in transacting the business of 
said company, and who shall be entitled to like compensation from the com- 
pany as any other directors, but the right to choose such directors shall cease 
when the loan contemplated is extinguished. 

SrcT. 11. As an additional or cumulative protection for said city, all lia- 
bilties which by said city may be assumed or incurred under or by virtue of 
any of the provisions of this act, shall at the time, and by force thereof, 
and for the security and payment of the same, create in favor of said city a 
len on the entire franchise of said company, and on all their railroad from 
its terminus in Bangor to and including their said depot and: turn-table in 
the town of Winn, and all the land held and used by said company for the 
construction and working of said road between said two points, with all its 
appendages and appurtenances thereof and all the personal property of said 
company, including all the fuel, oil, tools and rolling stock of said com- 
pany, between said two points, which lien shall have preference and be prior 
to all other liens and incumbrances on all of said road between said two 
points, and said franchise and all the aforesaid personal property of said 
company ; and said lien shall be enforced, and all the rights and interests of 
said city shall be protected when necessary by suitable and proper judg- 
ments, injunctions or decrees of the supreme judicial court, on a bill or bills 
in equity, which power is hereby specially conferred on said court; and it is 
hereby provided, that the said lien provided for in this section shall not be 
deemed waived or ineffectual by the acceptance of said city of any mortgage 
or other security contemplated by the provisions of this act or otherwise, and 
taking possession of said mortgage property under any of the provisions of 
this act, shall not be a waiver of the foreclosure of said mortgage. 

Sect. 12. This act shall not take effect until it shall have been duly ac- 
cepted by said city of Bangor by a vote of the legal voters thereof voting in 
ward meetings duly and legally called within eleven months from and after its 
approval, and by a majority of at least three-fourths of the legal voters of said 
city present and voting at said meetings as aforesaid, nor shall said act take 
effect until the same shall be duly accepted by the city council of said city by 
concurrent vote of the two boards of said council, and by a majority of two- 
thirds of the aldermen present and voting, and a majority of two-thirds of the 
common council at a meeting duly called for the purpose, at least thirty days 
subsequent to its acceptance by vote of the city, as hereinbefore provided. 
The returns of such ward meetings shall be made to the aldermen of said 
city, and by them counted and declared, and the clerk of said city shall 


68 


make a record thereof, and if the act shall be accepted as aforesaid, then after 
such acceptance and record thereof all the parts of this act shall take effect 
and be in full force thereafter; and an act entitled ‘‘ An act to authorize the 
city of Bangor to aid the construction of the European and North American 
Railway,” approved March twenty-five, eighteen hundred and sixty-four, 
and an act entitled ‘‘ An act to authorize the city of Bangor to further aid 
the construction of the European and North American Railway,” approved 
February twenty-eight, eighteen hundred and sixty-six, shall be void and of 
no further effect. 

Srcr. 13. This act shall take effect when approved. 

Approved February 24, 1868. 


AN ACT to aid in the construction of the European and North American 
Railway. 


Be it enacted by the Senate and House of Representatives in legistature as- 


sembled, as follows : 


Section 1. The governor of the state is hereby authorized and empowered 
to transfer and convey by deed to the European and North American Rail- 
way Company, all the timber and lands belonging to the state situated upon 
the waters of the Penobscot and of the St. John rivers, to be used by said 
company to aid in the construction of its line of railway as contemplated 
and provided for in an act entitled ‘‘ An act to provide means for the de- 
fence of the northeastern frontier,” approved March fourth, in the year of 
our Lord one thousand eight hundred sixty-four, and an act approved Feb- 
ruary twenty-first, eighteen hundred sixty-six, and subject to all reservations 
contained in and the obligations imposed by said acts, except that said company 
is hereby relieved from the obligation to pay the balance due from this state 
to Massachusetts, as required by said act of eighteen hundred sixty-four ; 
provided however, that the state or purchaser shall have until the year 
eighteen hundred eighty-four, instead of eighteen hundred seventy-four, 
to remove or cause to be removed the timber and lumber on the ten town- 
ships of land reserved for the common school fund by a resolve approved 
March twenty-one, eighteen hundred sixty-four, entitled ‘‘ A resolve relat- 
ing to an appropriation for common schools,” such townships to be selected 
within six months from the passage of this act, and record of the same made 
in the land office; and provided further, that the proceeds of timber and 
lands hereby granted, or any money which may be raised on a mortgage or 
sale thereof, as provided by said act of eighteen hundred sixty-six, or by 
the conveyance under this act, shall be applied solely to the construction of 
a railroad from the town of Lincoln through the town of Winn to the east- 
erly boundary of the state. 

Srct. 2. Other railroad companies now incorporated or-hereafter to be 


69 


incorporated in this state shall have the right to connect their railroads with 
the railroad of the European and North American Railway Company in the 
the city of Bangor, or in any other city or town along the line of its road; 
and no discrimination in the rates of freight or passengers shall be made by 
said company, nor by any party who may operate its line of railway or any 
part thereof, between railroads having the right to connect with its rail- 
road as aforesaid; but all passengers and all freight coming from or going 
to any other road having such right to connect, shall be transported promptly 
and on terms alike favorable by said company over its own road, or by any 
party operating the same, and on terms as favorable as the like service is or 
shall be performed for transportation commencing and terminating on the 
line of railway of said company. | 

Sect. 3. Section one of an act entitled ‘‘ An act explanatory of and 
amending an act additional to and amendatory of an act to provide means 
for the defence of the northeastern frontjer,” approved March twenty-fifth, 
in the year of our Lord one thousand eight hundred and sixty-four, is here- 
by repealed, but the second section of said act is continued in force; and it 
is hereby provided that this act, and the conveyance of timbér and lands 
authorized by it, shall in no wise affect the doings of the land agent, and 
that all moneys received from the sales of land and timber since the twenty- 
fourth day of March, one thousand eight hundred and sixty-four, and all 
notes and other securities in possession of the land agent, as proceeds of 
sales or parts of sales of land and timber as aforesaid, are declared to be, 
and are to remain, the property of the state, exempt from any legal or 
equitable claim to the same on the part of said company. 

Sect. 4. Before any sale of lands or timber is made, or any mortgage 
is effected of the lands herein transferred and conveyed to the European 
and North American Railway Company, the directors of said company shall 
appoint two trustees, with the approval of the governor of the state. It 
shall be the duty of the proper officers of the company to deposit all moneys 
or securities collected by them, from any sale or mortgage of the property 
herein transferred and conveyed, in the hands of such trustees, who shall 
hold the same in trust until the said railroad is finished to the town of Lin- 
coln; and the trustees aforesaid shall be required to give a sufficient bond 
to the state, to the approval of the governor, for the faithful execution of 
their said trust. The moneys and securities so received shall on the com- 
pletion of said road to the town of Lincoln be paid to said railroad company ; 
provided, that the moneys and securities so received in trust may, sooner 
than above limited, be used to pay for actual construction of said road be- 
tween said town of Lincoln and the eastern boundary of the state, when 
ordered and approved by the governor. 

Sect. 5. No sale, mortgage, transfer or conveyance of the timber and 
lands hereby conveyed to the European and North American Railway Com- 
pany shall be effected unless approved by the governor. 

Secr. 6. That so much of the laws embraced in chapter four hundred 
and one of the laws of eighteen hundred and sixty-four, as donates or re- 


70 


fers to the proceeds of the sale of timber on ten townships of the public 
lands of this state, be and hereby is repealed. 
~ Sect. 7. The legislature may at any time alter, amend or repeal the 

act incorporating the European and North American Railway Company, 
approved August twentieth, eighteen hundred and fifty, or any of its pro- 
visions, whenever in their opinion the public good may require such altera- 
tion, amendment or repeal. 

Srecr. 8. This act shall take effect when approved. 

Approved March 3, 1868. 


COMMONWEALTH OF MASSACHUSETTS —IN THE YEAR ONE 
THOUSAND EIGHT HUNDRED AND SIXTY-FIVE. 


t Re 
AN ACT to aid the construction of the European and North American 
Railway. 
Beit enacted by the Senate and House of Representatives in General Court 
assembled and by the authority of the same, as follows, viz. : 


Section 1. Whenever the amount remaining unpaid and the interest 
thereon of the bonds of the State of Maine given in payment for the public 
lands in Maine sold by the Commonwealth of Massachusetts in the year 
eighteen hundred and fifty-three shall be paid into the treasury of the Com- 
monwealth, the treasurer and receiver-general shall, under the direction of 
the governor and council, surrender said bonds to the State of Maine, or 
assign them to the European and North American Railway Company, as the 
governor and council may determine. 

Srcr. 2. The Commonwealth of Massachusetts hereby assigns to the 
State of Maine, in trust for said company to aid in the construction of the 
railroad of said company between Bangor and New Brunswick, the claims 
held jointly with said State of Maine against the United States. 

Sect. 8. This act shall take effect upon its approval. 

Approved May 16, 1865. 


APPENDIX B. 


UNITED STATES AID GRANTED. 


Laws of U. S. 1868, 2nd Sess., 40th Congress, Pub. 70, § 10. And be it 
further enacted, That for the purpose of executing the fourth article of the 
treaty of Washington, concluded on the ninth day of August, 1842, the 
Secretary of Treasury is hereby authorized and directed to pay to the State 
of Maine for ninety-one thousand one hundred and twenty-five acres, 
assigned by said state to settlers under said article, a sum equal to $1.25 


71 


per acre; and to the Commonwealth of Massachusetts for twenty-six thou- _ 
sand one hundred and fifty acres, assigned by said Commonwealth to settlers 
under said article, a sum equal to $1.25 per acre. Provided, before said 
sums are paid the states of Maine and Massachusetts shall agree with the 
United States that the settlers upon the public lands in the late disputed 
territory in Maine, entitled to be quieted in their possession, as ascertained 
by Commissioners heretofore instituted by said State, shall have been, or 
shall be quieted by a release of the title of said State. 


BOND OF EUROPEAN AND NORTH AMERICAN RAILWAY 
° COMPANY TO CITY OF BANGOR, Jan. 20, 1869. 


Whereas the Legislature of the State of Maine by an act approved on the 
twenty-fourth day of February, A.D. 1868, authorized the City of Bangor 
to loan its credit to the European and North American Railway Company, 
a corporation duly established by the laws of said Maine ,in aid of the con- 
struction of their railroad, not exceeding one million dollars in amount, as 
by reference to said act it will more fully appear, upon certain terms and 
conditions therein named, which act was duly and legally accepted, accord- 
ing to the provisions thereof, by said City by a vote of the legal voters 
thereof, voting in ward meetings on the thirtieth day of March, A.D. 1868, 
and also by the City Council of said City by concurrent vote of the two 
boards of said Council, and by a majority of two-thirds of the members 
present and voting in each board, at a meeting of said two boards duly 
called for the purpose, and held on the eleventh day of May, A.D. 1868, 
being thirty days subsequent to its acceptance as aforesaid by said city. 

And whereas, at a meeting of the Stockholders of the European and North 
American Railway Company duly notified and held at the office of the 
Company, 92 Exchange Street, in the City of Bangor, on the twelfth day of 
May A.D. 1868, it was voted as follows : — 

Voted, To accept an act of the Legislature of Maine, entitled An act to 
authorize the City of Bangor to loan its credit to aid in the construction of 
the European and North American Railway, approved by the Governor 
of the State, February 24th, 1868. 

Voted, ‘That the Directors of the European and North American Rail- 
way Company be, and they hereby are, authorized and empowered to 
execute and deliver to the Treasurer of the City of Bangor the bond of this 
Company, to secure said city for scrip to be issued to this Corporation, 
mentioned and provided for in the act passed at the last session of the 
Legislature of this State, to authorize the City of Bangor to loan its credit 
to aid in the construction of the Railway of this Company; and the said 


72 


Directors are also authorized to make, execute and deliver the scrip of the 
Company, to the Treasurer of said City of Bangor as contemplated and 
provided for in said act. 

Voted, That the Directors of the European and North American Railway 
Company be and they are hereby authorized and empowered to execute, or 
cause to be executed, and deliver to the city Treasurer of the City of Bangor 
a mortgage of the railroad of the Company from Bangor to Winn, to secure 
the payment of the scrip of said City, issued to this Company in accordance 
with the provisions of said Bangor Loan Act. 

Voted, That the Directors of the European and North American Railway 
Company be and they are hereby authorized and empowered to do all acts 
and things whatever, which may be found necessary to carry into full effect 
the objects and intents of the act aforesaid, authorizing the City of Bangor 
to loan its credit to said Company, and to make all arrangements with said 
City which may be found necessary to make said loan available. 

And whereas said European and North American Railway Company has 
finished and completed their line of railway from the depot of the Maine 
Central Railroad in the City of Bangor to Milford Village, and the same 
‘ has been approved by the present Mayor and Aldermen of said City, as a 
first-class railroad, and said Railway Company have acquired the right of 
way according to law by payments of awards and other land damages, or by 
a deposit of the amount thereof with the Clerk of the Courts as by law re- 
quired, which facts have been certified by said Mayor and Aldermen to the 
Treasurer of said City, as required by the terms and provisions of said act, 
approved the twenty-fourth day of February, A.D. 1868, and said Railway 
Company has become entitled to receive from the Treasurer of said City, 
for the purpose of building and completing said road to Winn, the scrip of 
said City to the amount of one hundred and fifty thousand dollars, part of 
the one million dollars which said City is authorized by said act to loan to 
said Railway Company. 

And whereas the President and Directors of said Company for the pur- 
pose of complying with the terms and conditions of said act, on their part 
to be done and performed, at a meeting duly called and holden for tha 
purpose at the office of the said Company, 92 Exchange Street, Bangor, on 
the first day of January, A.D. 1869. 5 

Voted, 'That there be made, executed and delivered to the City Treasurer 
of the City of Bangor, the scrip of this Company, signed by the President 
and Treasurer of this Company, payable to the holder thereof, as required 
by an act of the Legislature of Maine, entitled ‘‘ An act to authorize the 
City of Bangor to loan its credit to aid in the construction of the European 
and North American Railway,” approved by the Governor of said Stute 
the twenty-fourth day of February, A.D. 1868, at the same time and for 
the same amount as the scrip issued by said City Treasurer to said Company 
under said act with the coupons for interest attached signed by the Treasurer 
of this Company, and also that there be made, executed and delivered to 
the said City Treasurer the bond of this Company, in the penal sum of two» 


73 


million dollars, being double the amount of scrip authorized to be issued 
by the act aforesaid, which bond shall be made payable to said City and 
conditioned that said Company will duly pay the interest on such scrip of 
said City as shall be issued under and by virtue of the act aforesaid, and 
also all the principal thereof according to the tenor of the scrip, and in all 
respects that said Company will hold and save harmless such City on account 
of the issue of the same; and that there shall be made, executed, and de- 
livered to said City a mortgage of their railroad, from its terminus in 
Bangor, to the Tannery Village, or near thereto, in the town of Winn, to 
and including a depot and turn-table there, and all the land and personal 
property held and used by said Company for the construction and working 
of said road between said two points, with all the fixtures, appendages, and 
appurtenances thereof, and the whole franchise of said Company to the line 
of the State without prior incumbrance, and also all the rolling stock which 
shall be owned by said Company on said road through its entire extent 
from Bangor to the East line of the State, and that the President and 
Treasurer of said Company be and they are hereby authorized to execute 
said bond and mortgage in the name of and for and on behalf of said Com- 
pany, and affix the seal of said Company thereto and acknowledge the 
execution of said mortgage and deliver said bond and mortgage to the 
Treasurer of said City simultaneously with the issue of the scrip of the City 
as provided in said act. 

Now therefore, be it known that said European and North American 
Railway Company is holden and stands firmly bound and obliged unto said 
City of Bangor in the penal sum of two million dollars to be paid to said 
City, to which payment, well and truly to be made, said Company firmly 
binds itself by the Presents. 

The condition of this obligation is such, that if the said Company shall 
duly pay the interest on the said scrip issued by said City Treasurer to the 
Directors of said Company, and the principal thereof, and in all respects 
hold and save said city harmless on account of the issue of the same, then 
this obligation and said scrip and certificates of said Company delivered to 
said City Treasurer shall be null and void, otherwise this obligation is to 
remain in full force and virtue, and said scrip and certificate last aforesaid 
may be sold by said City agreeably to said act. 

In witness whereof the President and Directors of said European and 
North American Railway Company acting in their official capacity have 
caused the name of said Company to be hereto signed and its seal affixed 
by its President and Treasurer, thereto duly authorized as aforesaid, this 
twentieth day of January, A.D. 1869. 

_ European and North American Railway Company, 
By G. K. Jewett, President. [Seal.] 
N. Woops, Treasurer. 
Signed, sealed, and delivered in presence of 
Cuar.Es P. STETson. ‘ 
10 


14 


MORTGAGE OF EUROPEAN AND NORTH AMERICAN RAIL- 
WAY COMPANY TO CITY OF BANGOR. JANUARY 20, 1869. 


Whereas the Legislature of the State of Maine, by an Act approved on 
the twenty-fourth day of February, A.D. 1868, authorized the City of Ban- 
gor to loan its credit to the European and North American Railway Com- 
pany, a corporation duly established by the laws of said Maine in aid of the 
construction of their railroad, not exceeding one million dollars in amount, 
as by reference to said act it will more fully appear, upon certain terms and 
conditions therein named, which act was duly and legally accepted, according 
to the provisions thereof, by said City, by a vote of the legal voters thereof, 
voting in ward meetings, on the thirtieth day of March, a.p. 1868, and also 
by the city council of said city by concurrent vote of the two boards of said 
council, and by a majority of two-thirds of the members present, and voting 
in each board, at a meeting of said two boards duly called for the purpose, 
and held on the eleventh day of May, A.D. 1868, being thirty days subse- 
quent to its acceptance as aforesaid by said city. 

And whereas at a meeting of the stockholders of the European and North 
American Railway Company, duly notified and held at the office of the Com- 
pany, 92 Exchange Street, in the City of Bangor, on the twelfth day of 
May, A.D. 1868, it was voted as follows: — 

Voted, To accept an act of the Legislature of Maine, entitled ‘‘ An Act to 
authorize the City of Bangor to loan its credit to aid in the construction of 
the European and North American Railway, approved by the Governor of 
the State, February 24th, 1868.” 

Voted, That the Directors of the European and North American Railway 
Company be, and they hereby are authorized and empowered to execute ~ 
and deliver to the Treasurer of the City of Bangor, the bond of this Com- 
pany, to secure said City for scrip, to be issued to this corporation, men- 
tioned and provided for in the act passed at the last session of the Legislature 
of this State, to authorize the City of Bangor to loan its credit to aid in the 
construction of the Railway of this Company; and the said Directors are 
also authorized to make, execute, and deliver the scrip of the Company to 
the Treasurer of said City of Bangor, as contemplated and provided for in 
said act. 

Voted, That the Directors of the European and North American Railway 
Company be, and they are hereby authorized and empowered to execute, or 
cause to be executed, and deliver to the City Treasurer of the City of Ban- 
gor, a mortgage of the Railroad of the Company from Bangor to Winn, to 
secure the payment of the scrip of said City, issued to this Company in 
accordance with the provisions of said Bangor Loan Act. 

Voted, That the Directors of the European and North American Railway 
Company be, and they are hereby authorized and empowered to do all acts 
and things whatever which may be found necessary to carry into full effect 


T5 


the objects and intents of the act aforesaid, authorizing the City of Bangor 
to loan its credit to said Company, and to make all arrangements with said 
City which may be found necessary to make said loan available. 

And whereas said European and North American Railway Company has 
finished and completed their line of railroad from the depot of the Maine 
Central Railroad, in the City of Bangor, to Milford Village, and the same 
has been approved by the present Mayor and Aldermen of said City, as a 
first-class railroad, and said Railway Company have acquired the right of 
way, according to law, by payment of awards and other land damages, or 
by a deposit of the amount thereof with the clerk of the courts as by law 
required, which facts have been certified by said Mayor and Aldermen to 
the Treasurer of said City, as required by the terms and provisions of said 
act, approved the twenty-fourth day of February, A.D. 1868, and said Rail- 
way Company has become entitled to receive from the Treasurer of said 
City, for the purpose of building and completing said road to Winn, the scrip 
of said City to the amount of one hundred and fifty thousand dollars, part 
of the one million dollars which said City is authorized, by said act, to loan 
to said Railway Company. 

And whereas the President and Directors of said isk Oe for the pur- 
pose of complying with the terms and conditions of said act, on their part to 
be done and performed, at a meeting duly called and holden for that pur- 
pose, at the office of said Company, 92 Exchange Street, Bangor, on the 
first day of January, A.D. 1869. 

Voted, That there be made, executed, and delivered to the City Treasurer 
of the City of Bangor, the scrip of this Company, signed by the President 
and Treasurer of this Company, payable to the holder thereof, as required 
by an Act of the Legislature of Maine, entitled ‘‘ An Act to authorize the 
City of Bangor to loan its credit to aid in the construction of the European 
and North American Railway, approved by the Governor of said State, the 
twenty-fourth day of February, A.D. 1868,” at the same time, and for the 
same amount as the scrip issued by said City Treasurer to said Company, 
under said Act, with the coupons for interest attached signed by the Trea- 
surer of this Company, and also that there be made, executed, and delivered 
to the said City Treasurer the bond of this Company, in the penal sum of 
two million dollars, being double the amount of scrip authorized to be issued 
by the act aforesaid, which bond shall be made payable to said City, and 
conditioned that said Company will duly pay the interest on such scrip of 
said City, as shall be issued under and by virtue of the act aforesaid, and 
also all the principal thereof according to the tenor of the scrip, and in all 
respects that said Company will hold and save harmless said City on account 
of the issue of the same, and that there shall be made, executed, and delivy- 
ered to said City a mortgage of their railroad, from its terminus in Bangor, 
to the Tannery Village, or near thereto, in the town of Winn, to and includ- 
ing a depot and turn-table there, and all the land and personal property held 
and used by said Company for the construction and working of said road 
between said two points, with all the fixtures and appendages and appurte- 


76 


nances thereof, and the whole franchise of said Company to the line of the 
State without prior incumbrance, and also all the rolling stock which shall 
be owned by said Company on said road, through its entire extent from 
Bangor to the east line of the State, and that the President and Treasurer 
of said Company be, and they are hereby authorized to execute said bond 
and mortgage in the name of, and for, and on behalf of said Company, and 
affix the seal of said Company thereto, and acknowledge the execution of 
said mortgage, and deliver said bond and mortgage to the Treasurer of said 
City simultaneously with the issue of the scrip of the City as provided in 
said act. 

Now therefore, know all men by these presents, that the European and 
North American Railway Company in consideration of the premises, doth 
hereby, give, grant, bargain, sell, and convey to said City of Bangor, their 
railroad from its terminus in Bangor, to the Tannery Village, or near 
thereto, in the town of Winn, to and including a turn-table there, and all the 
land and personal property held and used by said Company for the con- 
struction and working of said road between said two points, with all the fixt- 
ures, appendages, and appurtenances thereof; and the whole franchise of 
said Company to the line of the State without prior incumbrance, and also 
all the rolling stock which shall be owned by said Company, on said road, 
through its entire extent from Bangor to the east line of the State. 

To have and to hold the aforementioned premises, with all the privileges 
and appurtenances thereto belonging, to the City of Bangor and its assigns 
forever, Provided nevertheless, and this conveyance is on the condition, 
that if the said Railway Company shall duly pay the interest which shall 
from time to time accrue and become payable upon each and all the certifi- 
cates of said scrip and the principal thereof when due, and in all respects 
hold and save said City harmless on account of the issue of said scrip, and 
shall well and truly execute and fulfil all the conditions contained in the 
bond aforesaid, which is of even date herewith, then this deed, and also the 
bond aforesaid, and also the scrip of said Railway Company, bearing date 
the twentieth day of January, A.D. 1869, which is this day issued by said 
Company, in pursuance of the terms and conditions of the act aforesaid to 
the City of Bangor, as collateral security for the issue of the said scrip of 
said City, shall be void and of no force or effect. 

In witness whereof the President and Directors of said European and 
North American Railway Company, acting in their official capacity, have 
caused the name of said Company to be hereto signed, and its seal affixed 
by its President and Treasurer thereto duly authorized as aforesaid this 
twentieth day of January, A.D. 1869. 

European and North American Railway Company, 
By G. K. Jewert, President. [Seal.] 
N. Woops, Zreasurer. 
Signed, sealed, and delivered in presence of 
Cuas. P. STETSON. 


TT 


STATE OF MAINE, PENOBSCOT, SS. JANUARY 21, 1869. 


Personally appeared the above-named G. K. Jewett and Noah Woods, 
respectively President and Treasurer of the European and North American 
Railway Company, and acknowledged the above instrument by them signed 
in their said capacity, as said President and Treasurer, to be their free act 
and deed, and free act and deed of said European and North American 
Railway Company. Before me 

CHARLES P. STETSON, 
Justice of the Peace. 

This mortgage is made to secure a bond, which bond is duly stamped 
with stamps to the amount of one thousand dollars, as provided by laws of 
the United States. 


DEED. GOVERNOR OF MAINE TO EUROPEAN AND NORTH 
AMERICAN RAILWAY COMPANY. 


Know all men by these presents, That I, Joshua L. Chamberlain, Gov- 
ernor of the State of Maine, by virtue of the authority conferred on me by 
an Act of the Legislature of said State of Maine, entitled ‘‘ An Act to aid 
in the construction of the European and North American Railway,” ap- 
proved on the third day of March, in the year of our Lord one thousand 
eight hundred and sixty-eight, in consideration of one dollar paid by said 
Railway Company, the receipt whereof is hereby acknowledged, do hereby 
transfer and convey to said European and North American Railway Com- 
pany all the timber and lands belonging to said State situated upon the 
waters of the Penobscot and Saint John rivers, to be used by said Com- 
pany to aid in the construction of its contemplated line of railway as con- 
templated and provided for in an act entitled ‘‘ An Act to provide means 
for the defence of the North-Eastern Frontier,” approved March the twen- 
ty-fourth, in the year of our Lord one thousand eight hundred and sixty- 
four, and an act approved February twenty-first, in the year of our Lord 
eighteen hundred and sixty-six, and subject to all the reservations in and 
obligations imposed by said acts, except as therein provided: and reserva- 
tions of land required by law for public uses. 

Said lands are more particularly described by letters, names, numbers, 
and ranges, as follows, viz.: Eleven (11). Amity, B. Eastern, Fort 
Fairchild, Eaton Grant, Plymouth Grant, E. F. G., in the first range of 
townships West from East line of the State: For Presque Isle, Maysville, 
Lyndon, I. M. i. ., In the second Sek of townships West from the East 
line of the State: South half No. 2, numbers five (5), nine East half 
E(94), eleven (11), twelve (12), thirteen (13), or Washburn, fourteen 
(14), fifteen (15), eighteen (18), in the third range of townships West 
from the East line of the State: four (4), South-West quarter six (S. W 
4 6), North-West and South-East quarters eight (8), nine (9), twelve (12), 


78 


thirteen (13), fourteen (14), seventeen (17), in the fourth range of town- 
ships West from the East line of the State: East half two (E. 4 2), three 
now Sherman, four (4), six (6), eight (8), nine (9), ten (10), now Masar- 
dis, eleven (11), now Ashland, twelve (12), fifteen (15), eighteen (18), in 
the fifth range of townships West from the East line of the State: three 
(3), five (5), eight (8), nine (9), eleven (11), thirteen (13), sixteen (16), 
seventeen (17), eighteen (18), in the sixth range of townships West from 
the East line of the State: North-East quarter and South half five (5), 
nine (9), ten (10), North-West quarter four (N. W.44), eleven (11), 
thirteen (13), fifteen (15), part of seventeen (pt. 17), sixteen pt. (16 pt.), 
eighteen (pt. 18), in the seventh range of townships West from the East 
line of the State: A, part seventeen (pt. 17), in the eighth range of town- 
ships West from the East line of the State: seventeen (17), in the ninth 
range of townships West from the East line of the State: B, one undivided 
half 17, in the tenth range of townships West from the East line of the 
State: thirteen (13), in the eleventh range of townships West from the East 
line of the State: undivided West half twelve in the fourteenth range of 
townships West from the East line of the State: West half seven (W. 4 7), 
eight (8), in the fifteenth range of townships West from the East line of the 
State: Seven (7), eight (8), nine (9), South half eleven (S. 4 11), in the 
sixteenth range of townships West from the East line of the State: five 
(5), part of eleven (pt. 11), in the seventeenth range of townships West 
from the East line of the State: four (4), six (6), seven (7), eight (8), 
nine (9), in the eighteenth range.of townships West from the East line of 
the State: five (5), six (6), seven (7), in the nineteenth range of townships 
West from the East line of the State: five (5), in the twentieth range of 
townships West from the East line of the State: part of Indian townships 
numbered three and four, three in the fifth range and one undivided half of 
West half of three in the third range of townships North of Bingham’s 
Kennebec Purchase: Gore of land adjoining Westfield and township 10 R. 
3, West from the East line of the State: And all other lands belonging to 
the State whether described or not, situated upon the waters aforesaid. 
The schedule of land herein is intended as a description of the interest of 
the State in the several townships described, whether in whole or in part as 
the same may be, without guarantee as to quantity in each, but containing 
in all one million acres more or less. 

This deed is made with the understanding and agreemént on behalf of 
the European and North American Railway Company that in case the Ban- 
gor and Piscataquis Railroad Company shall construct their railroad and 
comply with the terms and stipulations of the second Section of an Act en- 
titled ‘‘ An Act to revive and extend the Charter of the Bangor and Pisca- 
taquis Railroad Company, — Approved February 28th, 1867,” and within 
the time therein named, then the said European and North American Rail- 
way Company shall and will release and convey to the said Bangor and 
Piscataquis Railroad Company, its successors and assigns, all the lands lying 
in the County of Piscataquis granted by the State of Maine to aid in the 


79 


construction of a branch line of the European and North American Railway 
to the State quarries in the valley of Pleasant River at Brownville and 
to the Katahdin Iron Works, as provided in chapter four hundred and one 
of the special laws of eighteen hundred and sixty-four entitled ‘‘ An Act to 
provide means for the defence of the North-Eastern Frontier,” approved 
March 24th, 1864. 

To have and to hold the same with all the appurtenances thereof, to the 
said European and North American Railway Company, its successors and 
assigns, to its use and behoof forever for the purposes named in, and subject 
to the reservations contained in, and the obligations imposed by the several 
acts above named. 

In testimony whereof, J, the said Joshua L. Chamberlain, Governor of 
“said State of Maine, have hereunto subscribed my name and caused the seal 
of the state to be affixed this 13th of May, in the year of our Lord one 
thousand eight hundred and sixty-eight. 

J. L. CHAMBERLAIN. [Seal. ] 
Franxiin M. Drew, Secretary of State. 
Signed, sealed, and delivered in presence of 
Wo. B. FrRre. 


SraTEe OF MAINE. 
CUMBERLAND Co. ss. May 13, 1868. 
Then personally appeared J. L. Chamberlain, Governor of Maine, and 
acknowledged the above instrument to be the free act and deed of the State 
of Maine. 
Before me, Wo. P. Frrn, Attorney-General, and Justice of the 
Peace for the State of Maine. 


Received May 15, 1868, 5h., 30m. p.m. Entered and compared 
By Amos E. Harpy, Registrar. 


STaTE OF MAINE. 
PENOBSCOT, Ss. REGIstRY OF DEEDS. 
Banoor, Oct. 2, 1868. 
The foregoing is a copy from the Records of Deeds for said County, 
Vol. 379, pages 8, 9, 10, & 11. 
Attest: Amos E. Harpy, Legistrar. 


Office of the European and North American Railway Comp ny. 
BanGor, Jan. 28, 1869. 
Hon. Isaac R. Crark. 
Dear Sir, — Your official position in charge of the public lands in the 
State of Maine, for a long term of years, suggests this application to you 
for information relative to the value of the timber lands granted (while you 


80 


were land agent) by the State of Maine to the European and North Amer- 

ican Railway Company, to aid them in the construction of their road, and 
the best and most timely way of disposing of them. 
Very truly yours, 

G. K. Jewett, President. 


Banoor, Feb. 5, 1869. 

My pear Sir, —In reply to your note of the 28th ult., asking my opinion 
of the value of the timber lands granted by the State of Maine in aid of the 
European and North American Railway Company, my judgment is that an 
early sale of these lands could not be reasonably looked for above the gov- 
ernment minimum price of one dollar and a quarter per acre. But such 
lands are increasing in value every year more than the gain in growth of 
timber ; and, as the railways develop northern Maine, you will in a few years 
find you have very valuable possessions in these lands, and that they will be 
sought for at prices that will afford your railway a much larger amount. 

I should advise you to hold them as an investment until the opening of 
your road and branches makes them more accessible to the timber markets 
of the country. 

Very respectfully, your obedient servant, 
Isaac R. Ciark. 
Hon. Gro. K. Juwxrt, President of the H. & N. A. Railway Co. 


VOTE OF STOCKHOLDERS AUTHORIZING DIRECTORS 
TO MORTGAGE. 


Office European and North American Railway Company. 
At a meeting of the Stockholders, duly notified, held the twenty-first day 
of July, 1868, at the office of the Company, No. 92 Exchange Street, Ban- 
gor, it was voted, 


‘* That the Directors of this Company be and they are hereby authorized 
to issue the bonds of this Company for such an amount as they may judge 
proper, not exceeding three million dollars, payable at such time as they may 
fix upon, and payable, principal and interest, in United States Currency, or 
in coin, or in pound sterling, and in the City of New York or the City of 
London, England, as they may find most advantageous to the Company, 
and upon such time as they may think proper, not exceeding forty years 
from their date, and make a mortgage upon the lands of the Company, and 
upon the franchise, rights, property and railroad of the Company from Ban- 
gor to the Eastern boundary of the State, to secure the payment of said 
bonds and interest thereon.” 

A true copy of the record. 

| Attest: N. Woops, Clerk. 


® 81 


APPROVAL OF TRUSTEES BY GOVERNOR OF MAINE. 


Office European and North American Railway Company. 
Governor J. L. Chamberlain approved of the appointment of Messrs. 
Washburn and Coburn as Trustees under the provisions of the fourth sec- 


tion of an Act entitled ‘‘ An Act to aid in the construction of the European » 


and North American Railway,” approved March 3, 1868, and so notified 
the Company by letter, of which the following is a copy : — $ 


StaTE oF Marne, 


Executive Department. 
Avausta, Aug. 19, 1868. 


Hon. G. K. Jewerr, President of the European Railroad. 

My pear Sir, —I have received the certified copy of the vote of your 
Corporation naming Hon. Israel Washburn and Hon. Abner Coburn as 
Trustees in connection with the recent grant of the Legislature in aid of the 
European Railroad, and it gives me much pleasure to approve your choice. 

If you will forward me another copy of your vote, I will indorse and 
return it, if you so desire: otherwise this notice will be sufficient. 

Very truly yours, 
Signed, J. L. CHAMBERLAIN. 


A true copy of the record. 
Attest : ' N. Woops, Clerk. 


The following bill has been reported in the Senate of the United States 
by Senator Sumner, of Massachusetts. It was agreed to in the Senate 
Committee on Foreign Relations : — 

Be it enacted, &c., That, whereas the State of Maine has appropriated for 
the use of the European and North American Railway Company of Maine, 
for the construction of a railway essential to the defence of the North-west- 
ern portion of the United States, the proceeds of all her claims against the 
United States prior to the year 1860; and, whereas the Commonwealth of 
Massachusetts has assigned to the State of Maine, in trust for such railroad 
company, the claims held jointly with Maine against the United States, the 
Secretary of the Treasury is authorized and required to audit the interest 
account of Maine and Massachusetts for advances for the United States dur- 
ing the war of 181215 with Great Britain, upon the basis that the claim for 
these advances belonged, after the separation of the two States, one-third to 
Maine, and two-thirds to Massachusetts, reckoning interest at six per cent 
per annum, and according to the following rules, to wit: 

Interest shall be calculated to the time of any payment made. To this 
interest the payment shall first be applied, and, if it exceed the interest due, 

LL 





82 
* 
the balance shall be applied to diminish the principal. If the payment falls 
short of the interest, the balance of the interest shall not be added to the 
principal, so as to produce interest. 

Secondly, Interest shall be allowed to Massachusetts or Maine on those 
sums only on which these States either paid interest or lost interest by trans- 
fer of interest bearing fund. These rules having been applied to the case of 
Maryland by the 12th section ofan act approved on the 3d of March, 1851. 

Sect. 2. And be it further enacted, That the Secretary of the Treasury is 
hereby authorized and directed to deliver to the States of Maine and Massa- 
chusetts, for the use of the European and North American Railway Com- 
pany, an amount of bonds of the United States equal to all sums ascertained 
to be due to such States, as directed to be audited and fixed by the first sec- 
tion of this act, which bonds shall be of the denomination of $1,000 each, 
payable principal and interest in lawful. money of the United States, the 
principal of the bonds being made payable in thirty years from their date. 
These bonds shall be made and issued by the Secretary of the Treasury 
in the usual manner, duly attested, and bearing interest at the rate of six 
per cent per annum, payable semi-annually. 








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